S.Kalavathi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.01.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MR.JUSTICE P.D.AUDIKESVALU CONT.P(MD)NOs.347 and 349 of 2020 and W.A(MD)Nos.466 and 467 of 2018 CONT.P(MD)NO.347 of 2020 1.S.Kalavathi 2.R.Rajasekar 3.G.Ezhilarasi 4.G.Srinivasan 5.M.Lakshmi 6.T.Rani 7.M.Razia Sulthana Begam 8.K.Packia Rani 9.A.Sophy Thanka Rani 10.A.John Philips 11.B.Kalaiselvi 12.P.Sumathi 13.T.Sarojini :Petitioners/Appellants 1/6

CONT.P(MD)NO.349 of 2020 1.R.Sundaram 2.S.Rajendra Stephen 3.L.Palanisamy 4.N.Selvarangan :Petitioners/Appellants .vs.

The State of Tamil Nadu, represented by its Secretary to Government, Mr.Pradeep Yadav, School Education Department, Secretariat, Chennai -9.

: Contemnor/Respondent in both Contempt Petitions.

COMMON PRAYER: Contempt Petitions filed under Section 11 of the Contempt of Courts Act praying this Court to punish the respondent for the deliberate and wilful disobedience of the common order passed by this Court in W.A(MD)Nos.466 and 467 of 2018, dated 12.11.2018.

For Petitioners :Mr.C.Venkatesh Kumar in both Contempts for M/s.Ajmal Associates For Respondent :Mr.D.Sasikumar in both Contempts Addl.Govt.Pleader 2/6

COMMON ORDER ************* DR.G.JAYACHANDRAN,J P.D.AUDIKESAVALU,J These Contempt Petitions are filed seeking to punish the respondent for the deliberate and wilful disobedience of the common order passed by this Court in W.A(MD)Nos.466 and 467 of 2018, dated 12.11.2018, which reads as follows: ''9.The Common Order, dated 07 February, 2018 is set aside. We issue a Mandamus, directing the first respondent to consider the claim of the appellants for inclusion of their temporary services along with the service rendered by them after the issuance of the orders of regularization, for counting the qualifying services for pension, in the light of the judgment of the Division Bench, dated 05 November, 2014, in W.A.No.2678 of 2010. Such exercise shall be completed, within a period of four months from the date of receipt of a copy of this judgment.

We make it clear that the direction is only for the limited purpose of counting the qualifying services for pension and it would not give any right to claim backwages for the earlier period.'' 10.The intra-Court Appeals are allowed to the limited extent indicated above. No costs.''

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2.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondent has produced a proceedings of the Deputy Director (Administration) of Government Examinations, Chennai-600 006 in R.C.No. 002784/E2-1/2018, dated 15.12.2020, in compliance of the common order passed by this Court.

3.However, it will not preclude the Petitioners from working out their remedy before the appropriate recognized forum, if so aggrieved by the said order.

4.With the above observation, the Contempt Petitions stand closed. No costs.

[G.J.,J.] [P.D.A.,J.] 09.01.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To Mr.Pradeep Yadav, Secretary to Government, Government of Tamil Nadu, 4/6

School Education Department, Secretariat, Chennai -9.

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DR.G.JAYACHANDRAN, J.

P.D.AUDIKESAVALU,J.

vsn COMMON 0RDER MADE IN CONT.P(MD)NOs.347 and 349 of 2020 and W.A(MD)Nos.466 and 467 of 2018 09.01.2023 6/6