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Madras High CourtCONT P/1171/2019closed

K.Kingston Koilraj 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.290 to 296 of 2019 K.Kingston Koilraj ... Petitioner in Cont.P.No.1171/2019 and Sub Appl.No.290/2019 V.John Prabakaran ... Petitioner in Cont.P.No.1172/2019 and Sub Appl.No.291/2019 M.Devadasan Benjamin ... Petitioner in Cont.P.No.1173/2019 and Sub Appl.No.292/2019 J.G.C.Christopher ... Petitioner in Cont.P.No.1174/2019 and Sub Appl.No.293/2019 S.Merlin Rajkumar ... Petitioner in Cont.P.No.1175/2019 and Sub Appl.No.294/2019 K.Karthis ... Petitioner in Cont.P.No.1176/2019 and Sub Appl.No.295/2019 K.Paul Wesley ... Petitioner in Cont.P.No.1177/2019 and Sub Appl.No.296/2019 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 Cont.P.Nos.1171 to 1177/2019 & Sub Appl.Nos.290 to 296/2019

Prayer in Contempt Petition Nos.1171 to 1177 of 2019: Contempt petition 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.34034, 34036, 34038, 34039, 34040, 34043, 34044 of 2018, dated 20.12.2018. Sub Appl.No.290 of 2019 To direct the respondents herein to pay the petitioner the monthly salary in the cadre of Office Assistant pending disposal of the Contempt Petition No.1171/2019. Sub Appl.No.291 of 2019 To direct the respondents herein to pay the petitioner the monthly salary in the cadre of Sweeper pending disposal of the Contempt Petition No.1172/2019.

Sub Appl.No.292 of 2019 To direct the respondents herein to pay the petitioner the monthly salary in the cadre of Watch Man pending disposal of the Contempt Petition No.1173/2019. Sub Appl.No.293 of 2019 To direct the respondents herein to pay the petitioner the monthly salary in the cadre of Watch Man pending disposal of the Contempt Petition No.1174/2019. Sub Appl.No.294 of 2019 To direct the respondents herein to pay the petitioner the monthly salary in the cadre of Gardener pending disposal of the Contempt Petition No.1175/2019. Sub Appl.No.295 of 2019 To direct the respondents herein to pay the petitioner the monthly salary in the cadre of Water Man pending disposal of the Contempt Petition No.1176/2019.

Sub Appl.No.296 of 2019 To direct the respondents herein to pay the petitioner the monthly salary in the cadre of Sweeper pending disposal of the Contempt Petition No.1177/2019. 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.

2.This Court had directed the respondents to consider the representations of the petitioners, based on the proposal sent by the College regarding the appointment of the petitioners in the non-teaching 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 Mr.Kingston Koilraj 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 passed by this Court.

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 Mr.Kingston Koilraj 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/12/11/2019 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.