Y. Jeyaraj v. Kakarla Usha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY In W.P.(MD).No. 17921 of 2014 Y. Jeyaraj ... Petitioner/Petitioner No.26 vs.

Mrs.Kakarla Usha, I.A.S., The Secretary to Government, School Education Department, Secretariat, Fort Saint George, Chennai - 600 009.

... Contemnor/1st Respondent PRAYER: Petition filed under Section 11 of the Contempt of Court Act, 1971, to punish the Contemnor/1st Respondent for the deliberate and willful disobedience of the order, dated 17.06.2022 passed by this Court in W.P(MD)No.17921 of 2014.

For Petitioner : Mr.C.Venkatesh Kumar For Respondent : Mr.V.Om Prakash Government Advocate 1/4

O R D E R

This Contempt petition is filed alleging that the order, dated 17.06.2022, passed by this Court in W.P(MD)No.17921 of 2014, is not complied with.

2. The writ petition in W.P(MD)No.17921 of 2014 has been filed for amending the Rules to grant promotional opportunities for the post of Chief Educational Officer. However, this Court has held, as per existing Rules and Regulations, there is no provisions to grant promotion. And also observed that Writ of Mandamus will not lie for amending the rules. Hence, directed the respondents to consider and pass orders. The respondents have passed an order on 24.11.2022 and has stated, there is no provision to grant promotion to the Chief Educational Officer. But, the respondents have not stated, whether, there is any proposal to amend the Rules.

3. In view of the above, the petitioner is directed to submit a detailed representation to the respondents. The respondents shall take the data of available 2/4

candidates of Higher Secondary School Headmasters. Thereafter consider the claim of the petitioner and pass a speaking order.

4. With this direction, this Contempt Petition is closed. 24.03.2023 Index : Yes / No Internet : Yes ksa 3/4

S.SRIMATHY, J.

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