The Correspondent v. A.Karuppasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 8/4/2022 C O R A M The Hon'ble Mr. Justice S.VAIDYANATHAN a n d The Hon'ble Mrs.Justice N.MALA Contempt Petition Nos.1649 of 2021 a n d 467 and 468 of 2022 The Correspondent St. Agnes Middle School Eswaran Koil Street Fort Coimbatore District 641 001.

... Petitioner in Contempt Petition No.1649 of 2021 The Correspondent St. Antony's Girls Primary School Near Head Post Office Coimbatore District 641 001.

... Petitioner in Contempt Petition No.467 of 2022 The Correspondent St. Antony's Primary School Near Head Post Office Fort Coimbatore District 641 001.

... Petitioner in Contempt Petition No.468 of 2022 Vs

1. Dr.A.Karuppasamy Director of Elementary Education Officer College Road Chennai 600 006.

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2. Mrs.Valliammal Disstrict Elementary Educational Officer Coimbatore Coimbatore District.

3. Mr.R.Rajendran Assistant Elementary Educational Officer Coimbatore Coimbatore District.

... Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for their willful and deliberate disobedience and defiance of the orders of this Court dated 24/6/2021 in Writ Appeal Nos.1106, 1105 and 1102 of 2020.

For Petitioners ... Ms.H.Mary Sowmi Rexi in all petitions For Respondents in Cont.P.No.1649 of 2021 ... Mr.Stalin Abhimanyu Government Advocate in Cont.P.No.467 of 2022 ... Mr.Abishekmurthy Government Advocate in Cont.P.No.468 of 2022 ... Mr.V.Nanmaran Additional Government Pleader C O M M O N O R D E R Contempt Petitions have been filed by the petitioners for the alleged non-compliance of the order of this Court, dated 24/6/2021, passed in Writ Appeal Nos.1106, 1105 and 1102 of 2020.

2. Heard Ms.H.Mary Sowmi Rexi, learned counsel for the petitioners, Mr.Stalin Abhimanyu, learned Government Advocate, Mr.Abishekmurthy, 2/4

learned Government Advocate and Mr.V.Nanmaran, learned Additional Government Pleader for the respondents.

3. Today, when the matters are taken up for hearing, it is reported that order of the learned Single Bench has been confirmed by the Division Bench and the same has been complied with. However, the same is without prejudice to the rights in the appeals, pending before the Hon'ble Supreme Court. The respondents would submit that they will pay the arrears, if any, within a period of four months, from the date of receipt of a copy of this order, however, depending upon the outcome of the order in the Special Leave Petition. The amount will be recovered from the salary or the terminal benefits due to the writ petitioners, in case, the SLP is taken as Civil Appeal and decided against these respondents/writ petitioners. Till the issue is decided by the Apex Court, there is no need to release the gratuity, if there is cessation of employer employee relationship.

4. With the above direction, these Contempt Petitions are closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) mvs //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.

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GS/02/06/2022 To

1. The Director of Elementary Education Officer College Road Chennai 600 006.

2. The Disstrict Elementary Educational Officer Coimbatore Coimbatore District.

3. The Assistant Elementary Educational Officer Coimbatore Coimbatore District.

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