G.Poongothai v. Tmt.Kakarla Usha Ias

Sub.Application (OS) No.603 of 2023 Sub.Application (OS) No.603 of 2023 in Cont.P.No.1266 of 2023 S.VAIDYANATHAN,J., This Application has been filed to reopen the Contempt Petition in Cont.P.No.1266 of 2023 dated 14.07.2023and restore it on file.

2. When the matter is taken up for hearing, it is represented by Mrs.V.Yamuna Devi, learned Special Government Pleader appearing for the respondent that the Applicant had already received the amount with an undertaking that she will not claim any amount from the respondent in future and she, having given such an undertaking cannot maintain the present prayer. The scanned copy of the undertaking given by the Applicant is annexed below:

3. At this juncture, learned counsel for the Applicant has submitted that https://www.mhc.tn.gov.in/judis

Sub.Application (OS) No.603 of 2023 though equal pay for equal work had been granted to Special Teachers for 22 months consequent to the order passed in the Writ Petition and G.O.(1D) No.236, School Education Department dated 02.12.2021, such benefits have been deprived to the Applicant, thereby rejecting her request.

4. Admittedly, the undertaking given by the Applicant is not in dispute. Hence, this Court finds no valid reason to reopen the contempt. Accordingly, this Application is closed. However, the issue whether the Government Order can be quashed or not, especially when there is an undertaking, is left open and in case the Government Order is put to challenge, it is open to the respondent to take a defence that the employee, upon furnishing an undertaking, had already received the amount.

22.09.2023 ar Sub.Application (OS) No.603 of 2023 in Cont.P.No.1266 of 2023 https://www.mhc.tn.gov.in/judis