K.Shafeequr Rahman v. Dr.A.Karuppasamy And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 12.07.2023
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE K.Shafeequr Rahman B.Sc, B.Ed B.T.Assistant Science Islamiah Boys Higher Secondary School, Vaniyambadi, Thirupattur District.
... Petitioner Vs
1. Dr.A.Karuppasamy The Director of Elementary Education, College Road, Chennai - 6.
2. Mr.Madhan Kumar The Chief Education Officer, Thirupattur, Thirupattur District.
3. Mr.S.Ravi The District Educational Officer, Vaniyambadi, Thirupattur District.
... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for the willful disobedience of the order passed by this Hon'ble Court in W.P.No.28201 of 2022, dated 26.10.2022. For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.P.Gurunathan Additional Government Pleader
O R D E R
This Contempt petition has been filed for the alleged disobedience of the order dated 26.10.2022 in W.P.No.28201 of 2022. This Court by the aforesaid order issued the following directions, "....
8. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on the 4th respondent's proposal dated 09.12.2020 seeking for approval of the appointment of the petitioner as B.T. Assistant (Science) in the 4th respondent School with effect from 10.06.2019, within a period of twelve weeks from the date of receipt of a copy of this order. "
2. Learned Additional Government Pleader appearing for the respondents has placed before this Court the proceeding of the 2nd respondent dated 26.06.2023 by which the order dated 26.10.2022 passed in W.P.No.28201 of 2022 has been complied with. However, as seen from the said proceedings, the petitioner's proposal has been rejected by the respondents.
3. According to the learned counsel for the petitioner, by total non application of mind the said order has been passed. However, the said contention cannot be considered in this Contempt petition as the scope is very limited.
4. After recording the rival submissions and in view of the fact that, the proposal of the petitioner has been considered by the respondents pursuant to
the order dated 26.10.2022 passed in W.P.No.28201 of 2022, nothing survives for further adjudication in this contempt petition.
5. Accordingly, the contempt petition is closed. However, liberty is granted to the petitioner if so advised to challenge the proceedings of the 2nd respondent dated 26.06.2023 in the manner known to the petitioner under law. No costs.
12.07.2023 mpl Index : Yes / No Speaking Order / Non Speaking Order
ABDUL QUDDHOSE, J.
mpl 12.07.2023