M.Muralidharan v. Mr. Ashwani Kumar, I.A.S.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2022

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Contempt Petition No.993 of 2020 M. Muralidharan No.9, First Vanniar Street, Kannuvapet, Villianur, Puducherry - 605 100.

.. Petitioner

Versus

1. Mr. Ashwani Kumar, I.A.S.

Chief Secretary to Government Government of Puducherry Puducherry

2. Mr.Anbarasu, I.A.S.

Secretary to Government Department of Personnel and Administrative Reforms Government of Puducherry Puducherry

3. Mr.K. Mahesh, I.A.S., The Secretary to Government Government of Union Territory of Puducherry Puducherry

4. Mr.V.Lakshmanan The Chief Executive Officer Puducherry Slum Clearance Board No.106, Pallivasal Street Periyar Nagar, Sevanapet Puducherry - 605 005 .. Respondents

Petition filed under Section 11 of the Contempts of Court Act, 1971, to punish the respondents for wilful disobedience of the order of this Hon'ble Court in W.P. No.18561 of 2015 dated 11.07.2016 For Petitioner :

Mr.K.Nirmal Kumar For Respondents :

M/s. N. Mala Government Pleader(Puducherry)

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) When the Contempt Petition was taken up, the learned Government Pleader (Puducherry) appearing for the respondents submitted that the order of this Court dated 11.07.2016 has been complied with. In support of her submission, she has produced a copy of G.O.Ms.No.15/2021, Department of Personnel and Administrative Reforms (Personnel Wing), dated 04.02.2021 to that effect. 2.For better appreciation, the contents of the aforesaid Government Order, are reproduced below:

"GOVERNMENT OF PUDUCHERRY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (PERSONNEL WING) (G.O. Ms. No. 15, Puducherry, dated 4th February 2021) NOTIFICATION Whereas, the Government of Puducherry have formulated a

Scheme, namely, "The Government of Puducherry Casual Labourers (Engagement and Regularisation) Scheme, 2009 vide G.O. Ms. No. 22, dated 27-02-2009 for regularisation and engagement of Casual Labourers. It was informed vide I.D.Note/O.M. No. 5093/2005/DPAR/GC/U.II, dated 28-022011 that the Scheme is applicable to all Government Departments and their subordinate office, Quasi-Government Organizations and Local Bodies. However, the said Scheme is not applicable to those charged to specific work or schemes; And whereas, the Hon'ble High Court of Judicature at Madras in its Order, dated 11-07-2016 in Writ Petition No. 18561/2015 has directed the Government of Puducherry to frame a policy in respect of project based recruitment also so that it is carried out in a transparent manner and to place the same before the Hon'ble High Court, Madras;

Now, therefore, the Lieutenant-Governor, Puducherry, is pleased to frame the following policy to be applicable to all Government Departments, Quasi Government Organizations/Institutions/Societies/Committees and Local Bodies for project or scheme based engagement of persons:-

(1) The engagement shall be as per the actual need and for the time it is required, and it should be against the funds already available and with the prior approval of the Chief Secretary and the concurrence of Finance Department of the Government.

(2) The selection process should be competitive, transparent, merit oriented and fair. Approval of the Administrative Secretary of the Government shall be taken for the selection process.

(3) The Department of Personnel and Administrative Reforms will be the Nodal Agency to ensure integrity of the selection process.

(4) The norms of the Department of the Personnel and Training, Government of India, for recruitment/engagement should be strictly followed.

(5) For the sake of accountability, engagement should be strictly on tenure basis."

3.Recording the above, this contempt petition stands closed. The Government Order referred to above, shall form part of this order. SD/- ASSISTANT REGISTRAR (COMM.CASES) dhk //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/25.03.2022 To

1. The Chief Secretary to Government Government of Puducherry Puducherry.

2. The Secretary to Government, Department of Personnel and Administrative Reforms, Government of Puducherry, Puducherry.

3. The Secretary to Government (Housing), Government of Union Territory of Puducherry, Puducherry.

4. The Chief Executive Officer, Puducherry Slum Clearance Board, No.106, Pallivasal Street, Periyar Nagar, Sevanapet, Puducherry - 605 005.