Sharanya Selvarajh v. Pradeep Yadav Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 26..08..2019

CORAM

The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice M.NIRMAL KUMAR Contempt Petition No.1256 of 2019 Mrs.Sharanya Selvarajh ... Petitioner -Versus1.Mr.Pradeep Yadav, I.A.S., Government of Tamil Nadu, Rep. by The Addl. Chief Secretary, Department of School Education, Fort St. George, Chennai 600 009.

2.Mr.A.Karuppaswamy, Director of Elementary Education, DPI Campus, College Road, Chennai 600 006.

3.Mr.S.Karuppusamy, District Elementary Educational Officer, Chennai North, Chennai 600 001.

4.Mrs.K.Sridevi, Assistant Elementary Educational Officer, Purasaivakkam Range, Chennai 600 007.

... Respondents Petition filed under Section 11 of The Contempt of Courts Act, 1971, praying to punish the respondents 1 to 4 for their willful disobedience to the order of this court dated 24.08.2016 made in W.P.No.8101 of 2015.

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For Petitioner : Dr.Father Xavier Arul Raj, Senior Counsel for Father Xavier Associates, SR.A.Arul Mary For Respondents : Mr. P.Raja, Government Advocate

ORDER

[Order of the court was made by Justice M.M.SUNDRESH] Alleging that the order of the Division Bench of this Court has not been complied with by releasing the salary of the petitioner, the present contempt petition has been filed.

2. From the counter affidavit filed, it appears that the objection is with respect to the surplus post. The learned senior counsel appearing for the petitioner would submit that the sanctioned post is though 7 in number, the petitioner stands at 6, whereas the case of the respondents is that of the 7 sanctioned post, 1 post is surplus and the petitioner stands at 7, which is surplus post. This is the matter for adjudication and therefore, suffice it to state that no contempt would arise. In such view of the matter, we do not find any willful disobedience of the order of this court and the contempt petition is deserves only to be closed. 2 / 3

3. In the result, this Contempt Petition is closed, however, giving liberty to the petitioner to raise her plea by way of separate writ petition, if so advised. SD/- ASSISTANT REGISTRAR(COMM.CASES) kmk //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/26/09/2019 To 1.The Addl. Chief Secretary,Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai 600 009.

2.The Director of Elementary Education, DPI Campus, College Road, Chennai 600 006.

3.The District Elementary Educational Officer, Chennai North, Chennai 600 001.

4.The Assistant Elementary Educational Officer, Purasaivakkam Range, Chennai 600 007.

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