K.Ida Paulin Mary v. Thiruvalarselvi And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Cont.P.No.108 of 2023 K. Ida Paulin Mary ..Petitioner vs.

1.Tmt. Thiruvalarselvi The Chief Educational Officer, Thiruppur District, Thiruppur.

2.Thiru. I.Sivanandhan, The District Educational Officer, Dharapuram Educational Officer, Thiruppur District.

3.Tmt.Rajamani The Block Educational Officer, Mulanur Block, Thiruppur District.

.. Respondents Prayer: Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for wilfully disobeying the orders passed in W.P.No.15854 of 2020 dated 18.04.2022.

For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.D.Ravichander Additional Government Pleader

O R D E R

When the writ petition was disposed of along with batch of writ petitions by this Court on 18.04.2022, directions were given to approve the appointments forwarded to the educational authorities. 2.

The grievance of the petitioner is that the appointment was done in a sanctioned post and in spite of the same, the respondents rejected to grant approval as if the petitioner was appointed in a surplus post. 3.

Heard Mr.S.Nedunchezhiyan, learned counsel for the petitioner and Mr.D.Ravichander, learned Special Government Pleader for the respondents.

4.

On carefully going through the order passed by the DEO, dated 01.07.2022, it is seen that there were originally three sanctioned posts available in the concerned CSI Elementary School, Mulanur and out of the same, one post was surrendered and there were only two posts available. Both those posts were filled up and the petitioner is attempted to be filled in a post which is not available. Hence, the proposal that was forwarded was rejected by the DEO.

5.

In considered view of this Court, if the petitioner is aggrieved by the order passed by DEO on 07.07.2022, a separate writ petition has to be filed challenging the same and this order cannot be contested in this contempt petition.

6.

Accordingly, this contempt petition is closed giving liberty to the petitioner to workout her remedy independently by filing a writ petition. 03.02.2023 Index : Yes/No : Yes/No ssr/ssm To 1.The Chief Educational Officer, Thiruppur District, Thiruppur.

2.The District Educational Officer, Dharapuram Educational Officer, Thiruppur District.

3.The Block Educational Officer, Mulanur Block, Thiruppur District.

N. ANAND VENKATESH, J.

ssm Cont.P.No.108 of 2023 03.02.2023