P.Jayamurthy v. Thiru.Kumar Jayant

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH P.Jayamurthy, No.16, Ram Nagar, Marakkanam Road, Tindivanam, Villupuram District.

... Petitioner Vs.

Mr.Thiru.Kumar Jayant, I.A.S., Principal Secretary to Government, Government of Tamil Nadu, Revenue and Disaster Management Department, Service Wing, Service 10(1) Section, Secretariat, Fort St.George, Chennai - 600 009.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying to initiate appropriate contempt proceedings and punish the respondent for his wilful and deliberate disobedience in complying with the order dated 21.06.2023 passed by this Court in WP.No.17561 of 2023 and to punish him in accordance with law. For Petitioner : Mr.M.Elumalai For Respondent : Mr.J.Ravindran, AAG assisted by Mr.A.Selvendran, SGP 1/4

ORDER

When the punishment of compulsory retirement was passed on 29.01.2018, the petitioner was working as Warden in the Government Student's Hostel at Vellimedupettai, Tindivanam, Villupuram District.

2. In the final order passed by this Court in W.P.No.17561 of 2023 dated 21.06.2023, the punishment of compulsory retirement was quashed and the respondent herein was directed to reinstate the petitioner, together with all the service and monetary benefits.

3. In compliance of the order in the Writ Petition, the Commissioner of Adi-Dravidar Welfare Department, Chennai, had passed an order dated 31.01.2024, reinstating the petitioner and posting him to Semmanangur, Kallakurichi District. Since the petitioner had been reinstated back into service, he would be entitled for reinstatement to the same place where he was earlier working at the time when the punishment was imposed. In this background, the petitioner gave an application requesting the respondent to accommodate him in 3 vacancies. 2/4

4. In response to the request made by the petitioner, the respondent has now passed an order on 14.02.2024, transferring the petitioner and posting him as a Secondary Grade Teacher, Government Adi-Dravidar Elementary School, Kottikuppam, Villupuram District.

5. In view of the posting order now passed, the petitioner's grievance seems to have been met and the disobedience alleged cannot be termed to be wilful in nature. Accordingly, the Contempt Petition stands closed.

16.02.2024 Index:Yes/No Internet:Yes/No Sni To Mr.Thiru.Kumar Jayant, I.A.S., Principal Secretary to Government, Government of Tamil Nadu, Revenue and Disaster Management Department, Service Wing, Service 10(1) Section, Secretariat, Fort St.George, Chennai - 600 009.

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M.S.RAMESH,J.

Sni 16.02.2024 4/4