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Madras High CourtCONT P/1187/2019closed

P.Packia Thiso Benita v. Jothi Venkatesan

2019-10-25Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI And Sub Application Nos.298 to 300 of 2019 Ms.P.Packia Thiso Benita ... Petitioner in Cont.P.No.1187/2019 and Sub Appl.No.298/2019 Mrs.D.Mariammal ... Petitioner in Cont.P.No.1188/2019 and Sub Appl No.299/2019 Mrs.L.Jain ... Petitioner in Cont.P.No.1189/2019 and Sub Appl.No.300/2019 Vs.

1.Dr.Jothi Venkatesan Director In charge, The Director of Collegiate Education, College Road, Chennai - 600 006.

2.Dr.Mythili Joint Director In charge, The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 001.

... Respondents in all the Cont.Ps.

and in all Sub Application Common Prayer:

Contempt petitions filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondents for having willfully disobeyed the order of this Hon'ble Court passed in W.P.Nos.33335, 33343 and 33344

of 2018 respectively, dated 14.12.2018.

Sub Appl.No.298/2019 To direct the respondents herein to pay the monthly salary to the petitioner in the cadre of Office Assistant pending disposal of the above contempt petition. Sub Appl.No.299/2019 To direct the respondents herein to pay the monthly salary to the petitioner in the cadre of Sweeper pending disposal of the above contempt petition.

Sub Appl.No.300/2019 To direct the respondents herein to pay the monthly salary to the petitioner in the cadre of Scavenger pending disposal of the above contempt petition.

For Petitioners : M/s.R.Natrtamil For Respondents : Mr.V.Kadirvelu Special Government Pleader C O M M O N O R D E R These contempt petitions have been filed praying to punish the respondents for having willfully disobeyed the order of this Court passed in W.P.Nos.33335, 33343 and 33344 of 2018 respectively, dated 14.12.2018. 2.This Court vide order dated 14.12.2018 made in W.P.Nos.33335, 33343 and 33344 of 2018 directed the respondents herein to consider the representations of the

petitioners, based on the proposal sent by the College regarding the appointment of the petitioners in the nonteaching posts. For non compliance of the order, the petitioners have filed these contempt petitions. 3.This Court issued statutory notice to the respondents on 27.09.2019, pursuant to which, the respondents/ contemnors appeared before this Court. 4.The learned Special Government Pleader produced a letter dated .10.2019 from the Director of Collegiate Education addressed to him, wherein, it is stated that the proposal for appointment approval of Ms.Packia Thiso Benita has not been received till date.

5.The learned Special Government Pleader would submit that the other petitioners posts are de-categorised posts and for the purpose of sanction, proposal has been forwarded to the Government and would further submit that unless proper permission from the Government is received, the respondents cannot process the proposal sent by the College. Hence, the respondents were not able to comply with the order dated 14.12.2018 made by this Court in W.P.Nos.33335, 33343 and 33344 of 2018.

6.In view of the above, no contempt arise and these Contempt Petitions are closed. However, this order will not stand on the way of the College to forward proposal to the respondents for appointment approval in respect of Ms.Packia Thiso Benita and as and when the proposal is received, the respondents may pass appropriate orders. In respect of other petitioners, the respondents have to pass appropriate orders as soon as appropriate orders are received from the Government.

7.These Contempt Petitions are accordingly closed. Consequently, the connected sub applications are also closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) pri //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Smi/14/11/2019

To 1.Director In charge, The Director of Collegiate Education, College Road, Chennai - 600 006.

2.Joint Director In charge, The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 001.