S.Usha v. Panindra Reddy, Ias
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice V.PARTHIBAN Cont. Petition Nos.2007 to 2014 of 2019 S.Usha, W/o.T.N.Sathiyanarayana, No.1/40, Thorapalli, Hosur, Krishnagiri District.
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Petitioner in Cont.P.No.2007/2019 K.Gopinath, S/o.Krishnamoorthy, No.2, PWD Quarters, Uthangarai (Post and Taluk), Krishnagiri District.
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Petitioner in Cont.P.No.2008/2019 N.Rosi, W/o.P.Mohankumar, No.218/2, Andivadi, Thaly Post, Hosur Taluk, Krishnagiri District.
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Petitioner in Cont.P.No.2009/2019 R.Radha, D/o.K.Raja, No.419, Pillayar Kovil Street, Alathur Village, Chengam Taluk, Thiruvannamalai District.
.. Petitioner in Cont.P.No.2010/2019 S.Fathimamarry, W/o.P.Ravi, No.2/23-7, Mail Codaloor, Codaloor, The Nilgiris.
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Petitioner in Cont.P.No.2011/2019
S.Murugaiah, S/o.Sundaraiah, No.108/2, Santhai Street, Singilipatti, Sokkampatti Post, Kadayanallur Taluk, Thirunelveli District.
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Petitioner in Cont.P.No.2012/2019 A.Sankari, D/o.R.Arumugam, No.19 A/9, Keil Kotta, Yarap Nagar, Denkanikotai Taluk, Krishnagiri District.
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Petitioner in Cont.P.No.2013/2019 C.Murugan, S/o.A.Chandiran, Mettu Street, Karungalikuppam, Kilpennathur, Thiruvannamalai District.
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Petitioner in Cont.P.No.2014/2019 vs.
1.Panindra Reddy, I.A.S., The Secretary to Government, Handlooms, Textiles and Khadi Department, Fort St. George, Chennai - 5.
2.Venkatapriya, I.A.S., The Director, Sericulture Department, Nethaji Nagar, Asthampatti, Salem - 636 007.
.. Respondents Petitions filed under Section 11 of Contempt of Courts Act to punish the respondents for committing contempt of Court by wilfully disobeying the order passed in W.A.Nos.1184, 1192, 1191, 1190, 1189, 1188, 1187 and 1185 of 2016 dated 14.11.2016.
For Petitioner ..
Mr.S.Sivakumar in all the cases For Respondents ..
Mr.P.S.Sivashanmugha Sundaram, Spl. Govt. Pleader in all the cases COMMON ORDER (Order of the Court was made by M.M.SUNDRESH, J.) Alleging that the order dated 14.11.2016 passed in W.A.Nos.1184, 1192, 1191, 1190, 1189, 1188, 1187 and 1185 of 2016 has not been complied with, the present contempt petitions have been filed.
2. We do not find any positive direction issued, which has not been complied with by the respondents. However, in compliance with the order, the first respondent has sent letters dated 28.12.2017, wherein it has been stated as follows:- "Letter No.10255/G2/2017-2 (Cont.P.No.2007 3.You have completed 8 years as daily wage worker from 11.07.1997 to 01.01.2006 which is less than 10 years of service as on 01.01.2006, 4.You are informed that you will be permitted to apply for the post of Junior Inspector of Sericulture during next recruitment when notification is issued. Though you are over
aged the relevant provisions of rules will be relaxed in your favour at appropriate time. Further as you are already working in Sericulture Department as daily wage worker, you will also be exempted from furnishing experience certificate which is required to be filed by other applications.
5.You are informed that these benefits are "Letter No.10255/G2/2017-3 (Cont.P.No.2008 3.You have completed 6 years as daily wage worker from 02.03.1999 to 01.01.2006 which is less than 10 years of service as on 01.01.2006, 4.You are informed that you may apply to the department during next recruitment for the post of Junior Inspector of Sericulture when notification is issued. As you are already working in Sericulture Department as daily wage worker, you will be exempted from furnishing experience certificate which is required to be filed by other applicants.
5.You are informed that these benefits are
"Letter No.10255/G2/2017-9 (Cont.P.No.2009 of 2017) 3.You are working as daily wage worker from 17.05.2006 to till date therefore you have not completed 10 years of service as on 01.01.2006, 4.You are informed that you will be permitted to apply for the post of Junior Inspector of Sericulture during next recruitment when notification is issued. Though you are over aged the relevant provisions of rules will be relaxed in your favour at appropriate time. Further as you are already working in Sericulture Department as daily wage worker, you will also be exempted from furnishing experience certificate which is required to be filed by other applications.
5.You are informed that these benefits are "Letter No.10255/G2/2017-8 (Cont.P.No.2010 of 2017) 3.You are working as daily wage worker from 07.12.2011 to till date therefore you have not completed 10 years of service as on 01.01.2006, 4.You are informed that you may apply to the department during next recruitment for the post
of Junior Inspector of Sericulture when notification is issued. As you are already working in Sericulture Department as daily wage worker, you will be exempted from furnishing experience certificate which is required to be filed by other applicants.
5.You are informed that these benefits are "Letter No.10255/G2/2017-7 (Cont.P.No.2011 3.You have completed 1 year as daily wage worker from 13.09.2004 to 01.01.2006 which is less than 10 years of service as on 01.01.2006, 4.You are informed that you may apply to the department during next recruitment for the post of Junior Inspector of Sericulture when notification is issued. As you are already working in Sericulture Department as daily wage worker, you will be exempted from furnishing experience certificate which is required to be filed by other applicants.
5.You are informed that these benefits are
"Letter No.10255/G2/2017-6 (Cont.P.No.2012 3.Your representation has been examined in detail in the light of the orders of Hon'ble High Court of Madras dated 14.11.2016 in W.A.Nos.1184 to 1192 of 2016 along with connected records. You are not possessing the requisite educational qualification for appointment to the post of Junior Inspector of Sericulture. You are requested to pass the requisite educational qualification (i.e. S.S.L.C.) so that you become eligible to apply for next recruitment of Junior Inspector of Sericulture when notification is issued by Department. Though you are over aged, the relevant provisions of rules will be relaxed in your favour at appropriate time. Further as you are already working in Sericulture Department as daily wage worker, you will be exempted from furnishing experience certificate which is required to be filed by other applicants.
4.You are informed that these benefits are "Letter No.10255/G2/2017-5 (Cont.P.No.2013 3.You are working as daily wage worker from 02.07.2008 to till date therefore you have not completed 10 years of service as on 01.01.2006 as prescribed in G.O.(Ms) No.25 Handlooms,
4.You are informed that you may apply to the department during next recruitment for the post of Junior Inspector of Sericulture when notification is issued. As you are already working in Sericulture Department as daily wage worker, you will be exempted from furnishing experience certificate which is required to be filed by other applicants.
5.You are informed that these benefits are "Letter No.10255/G2/2017-3 (Cont.P.No.2014 3.You have completed 6 years as daily wage worker from 02.03.1999 to 01.01.2006 which is less than 10 years of service as on 01.01.2006, 4.You are informed that you may apply to the department during next recruitment for the post of Junior Inspector of Sericulture when notification is issued. As you are already working in Sericulture Department as daily wage worker, you will be exempted from furnishing experience certificate which is required to be filed by other applicants.
5.You are informed that this benefit is
3. Thus, we do not find any wilful disobedience of the order passed and the contempt petitions stand closed. However, liberty is given to the petitioners to either challenge the aforesaid letters or workout the remedy as per the same.
SD/- Assistant Registrar (Comm. Cases) mmi //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.
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