Madras High CourtCONT P/3354/2014closed

A.Aseervatham v. K.Devarajan

2022-02-03Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 3.2.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and Sub A.No.10 of 2017 A.Aseervatham, 133/49, Mathalangulam Street, Cross Street, Tiruvannamalai-606 601 ... Petitioner Vs.

1. K.Devarajan, The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

2. Arivazhagan, The Assistant Educational Officer, Polur Range, Polur.

3. B.Yesydaiyan The Secretary Arcot Lutheran Church,A.L.C. Central Office, No.9, A.L.C. Campus, Cuddalore - 607 001.

4. Rev. V.Samuel Kennady The Central Manager, Danish Mission Elementary & Higher Elementary School, A.L.C. Central Office, No.9, A.L.C. Campus, Cuddalore - 607 001.

... Respondents 1/4

Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts act 1971 to punish the respondents for willful disobedience of the order of this Court dated 22.09.2014 passed in W.P.No.20242 of 2013. For Petitioner : Ms.A.Sheela For Respondents 1&2 : Mr.V.Nanmaran, A.G.P.

For Respondent-3&4 : Mr.Srinath Sridevan ****

O R D E R

The petitioner has filed W.P.No.20242 of 2013 challenging the order passed by the third respondent transferring the petitioner to a lower post. However, when the matter was taken up for hearing on 22.9.2014, the petitioner prayed for withdrawal of the writ petition with liberty to make an application before the respondent Management for Voluntary Retirement Service and the respondent Management has no objection for the same. Recording the said submissions of the counsel for the parties, the writ petition was dismissed with liberty to move the respondent Management for Voluntary Retirement Service. Further, the writ Court directed the respondent Management to pay all the arrears of salary on the last drawn pay, which the petitioner is entitled to receive as expeditiously as possible. Pursuant to the said order, the petitioner submitted V.R.S. Application on 18.6.2015 and the same was accepted on 2.7.2015. The District Elementary Education Officer in his proceedings No.3734/A4/2013 dated 31.8.2017 has 2/4

granted benefits to the petitioner. However, the petitioner still disputing the said order passed by the education department and therefore, the present contempt petition is still pending before this Court. Pursuant to the order passed by this Court, the respondent Management has paid Rs.3,00,000/- to the petitioner. The proceedings of the District Elementary Education officer is taken on record. It is open to the petitioner to challenge the order passed by the respondent department in the manner known to law.

2. In view of the above, the contempt petition stands closed. No costs. Connected application is also closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) vaan //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/28/02/2022 To

1. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

2. The Assistant Educational Officer, Polur Range, Polur.

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