A.Sivachanemougam v. V.Jaishankar And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR A.Sivachanemougam ... Petitioner Vs.

1.Thiru.V.Jaisankar, Under Secretary to Government, Government of Pondicherry, Department of Personnel and Admn. Reforms, (Personnel Wing), 2.Thiru.A.Kumaran, Under Secretary to Government Government of Pondicherry, Transport Department, 100 Feet Road, Mudliarpet, Puducherry - 605 004.

3.Thiru.Pankaj Kumar Jha, IAS, Secretary to Government, Government of Pondicherry, Agricultural Department, 4.Thiru.P.S.Ravichandran, Deputy Director (Admn) Agriculture Department, ... Respondents

Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to initiate contempt proceedings against the respondents for having misled this Court when the order dated 06.07.2023 was pleaded by this Court in W.P.No.1567 of 2022 and punish the respondents in accordance with law.

For Petitioner :

Mr.K.Subramanian Senior Counsel for M/s.R.Priya For R1 to R4 :

Mr.A.Tamilvanan Additional Government Pleader (Pondy)

O R D E R

This Contempt Petition is filed alleging willful disobedience of the order in W.P.No.1567 of 2022, dated 06.07.2023, wherein, this Court directed the respondents to consider the petitioner for appointment on compassionate ground based on merits as and when vacancy arises. 2.It is stated by the learned Additional Government Pleader (Pondy) that, pursuant to the orders of this Court, the case of eligible 78 applicants including that of the petitioner were considered and five posts have been filled up under compassionate appointment, however, the petitioner could

not be accommodated as he was at Seniority No.8. Now, after filling up of five posts, the petitioner, who was earlier in Seniority No.8 is now at Seniority No.3. The respondents have filed a counter stating that whenever, vacancy arises, the case of the petitioner will be considered based on seniority.

3.In view of the counter filed by the respondents, the learned Senior Counsel appearing for the petitioner through video conferencing would submit that he is not pressing the contempt. However, he requests that, as the petitioner had submitted the application long back before 30 years, the same may be considered sympathetically. In reply, the learned Additional Government Pleader appearing for the respondents would submit that the petitioner is now at Seniority No.3 and as and when vacancies arise, the case of the petitioner will be considered and orders will be passed immediately, taking note of the pendency of the petitioner's application for the last 30 years.

4.Recording the submissions made by the learned counsel on either side, this Contempt Petition is closed.

26.06.2025 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To 1.The Under Secretary to Government, Government of Pondicherry, Department of Personnel and Admn. Reforms, (Personnel Wing), 2.The Under Secretary to Government Government of Pondicherry, Transport Department, 100 Feet Road, Mudliarpet, Puducherry - 605 004.

3.The Secretary to Government, Government of Pondicherry, Agricultural Department, 4.The Deputy Director (Admn)

Agriculture Department, N. SATHISH KUMAR, J.

mkn 26.06.2025