Hemalatha And 17 Others v. Shri. M.K.Rajagopalan And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.07.2025 Coram:
THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE Ms.JUSTICE P.T.ASHA Contempt Petition No.1096 of 2025
1. Hemalatha
2. S.Santhi
3. Leema
4. Rajalakshmi
5. Chandralekha
6. Nandhini
7. A.Parasakthi
8. Sumitha
9. Pazhanivel
10. Atchutha Priya
11. K.Banu
12. Chitra
13. Bhuvaneshwari
14. Pavithra
15. Sangeetha
16. Vidhya
17. Sunitha
18. R.Nagammal
...Petitioners
Page 1 / 7
Vs.
1. M.K.Rajagopalan The Chairman Indira Gandhi Medical College and Research Institute Chief Secretariat, Puducherry - 605 001
2. Dr.C.Udaya Shankar The Director Indira Gandhi Medical College and Research Institute Vazhudavoor Road, Puducherry - 605 009
...Respondents
Prayer:
Contempt Petition filed under Section 11 of Contempt Act to punish the respondents for wilful disobedience and deliberate violation of the order dated 01.11.2022 in Cont.P.No.1001 of 2020 in W.A.Nos.684 to 686 of 2019 For Petitioner : Mr.B.Balavijayan For Respondents : Mrs.V.Usha Additional Government Pleader
O R D E R
Contempt is complained of the order dated 01.11.2022 made in Contempt Petition No.1001 of 2020. The Contempt Petition No.1001 of 2020 is sequel to the Common Judgment in W.A.Nos.684 to 686 of 2019. The Writ Appeals were filed Page 2 / 7
by temporary multipurpose workers, who are working in the Indira Gandhi Medical College and Research Institute challenging the attempted recruitment of contract employees in the said Institute, the Division Bench issued a slew of directions on 30.08.2019 and they are as follows:- "(i) The Medical College must take steps gradually for filling up all the sanctioned posts on regular basis rather than making appointments on contract basis or as a stop gap arrangement; (ii) The post of faculty members and ministerial and non ministerial must also be filled up by resorting to a transparent selection process;
(iii) While making appointments, the existing employees should be given preference if their services are satisfactory, by giving them age relaxation, and in case other thing being equal; (iv) The selection must be through a procedure, which should be fair in all respects;
(v) The Society must advertise the recruitment in the vernacular newspapers, having wide circulation in Puducherry, Karaikkal, Mahe and Yanam. In addition to the publication in English, publication should also be made in Tamil in Puducherry and Karaikkal regions; Malayalam in Mahe; and Telugu in the region of Yanam. (vi) The Society must ensure that only experienced and dedicated employees are engaged, in case appointments on contract basis are given to the former Government employees. The Medical College should not be a dumping yard for the retired employees, who have no social commitment. Since the Medical College must function in larger Page 3 / 7
public interest, the employees must also be sensitive and they should respond to the needs of the general public. While taking the service of the retired employees, it should be ensured that age prescribed in the recruitment rule is also taken note of.
(vii) The society must conduct a service audit, taking into account the sanctioned posts and the employees on its rolls as on today both permanent, temporary and contractual. The Managing body must deliberate all the issues relating to the institution and an action plan should be evolved in the larger interest of the Medical College." non-compliance of these directions, resulted in Contempt Petition No.1001 of 2020 being filed in this Court.
2. The Division Bench of this Court passed various orders and attempts made to recruit contract employees by notification dated 30.06.2022 were also settled by this Court. Realising the situation, the Government of Puducherry, regularised the services of almost all the 662 multipurpose workers, who were in service up to 01.01.2016 during March, 2023.
3. The petitioners, who are now before us were engaged for a short period, not more than 60 days in February and March, 2016. Unfortunately, they were Page 4 / 7
disengaged on 23 rd April, 2016 because of the directions of the Election Commission of India, by that time, this disengagement was put in issue in a batch of Writ Petition Nos.16700 to 16704 of 2016 etc., and this Court dismissed the Writ Petitions by order dated 01.08.2017. The said order has become final.
4. It is now alleged in the contempt petition that these petitioners, who were disengaged on 23.04.2016 would also be entitled to regularisation, as has been done to the other workers, pursuant to the Common Judgment dated 30.08.2019 and order in contempt petition dated 01.11.2022.
5. We do not think that such a prayer can be entertained by us, more so, when the claim of the petitioners for regularisation was rejected by this Court. The benefit of regularisation could be extended only to those persons, who had worked for considerably long time and can't be extended to the persons like the petitioners, who had worked maximum of 60 days. Hence we find that no cause has been made out to proceed in the Contempt Petition. Page 5 / 7
Accordingly, the Contempt Petition is dismissed. [R.SUBRAMANIAN J.,] [P.T.ASHA, ] 07.07.2025 Index : Yes / No Internet : Yes / No Speaking Order / Non Speaking Order ssd To
1. M.K.Rajagopalan The Chairman Indira Gandhi Medical College and Research Institute Chief Secretariat, Puducherry - 605 001
2. Dr.C.Udaya Shankar The Director Indira Gandhi Medical College and Research Institute Vazhudavoor Road, Puducherry - 605 009 Page 6 / 7
R.SUBRAMANIAN, J., AND P.T.ASHA, J., ssd Contempt Petition No.1096 of 2025 07.07.2025 Page 7 / 7