M.Balasubramanian v. Dheeraj Kumar

Cont.P.(MD).Nos.210 and 218 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Cont.P. (MD)Nos.210 and 218 of 2021 in W.P.(MD).Nos.5996 and 6006 of 2020 Mr.M.Balasubramanian ... Petitioner in Cont.P.(MD).No.210 of 2021 Mr.P.Thangaraj ... Petitioner in Cont.P.(MD).No.218 of 2021 Vs.

Mr.Dheeraj Kumar The Secretary, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai 600 009.

... Contemnor/Respondent in both Cont.Ps.

Prayer : Contempt Petitions are filed under Section 11 of the Contempt of Courts Act, 1971, to initiate contempt proceedings against the contemnor / first respondent and punish him for the wilful disobedience of the order of this Court in W.P.(MD).Nos.5996 and 6006 of 2020, dated 24.03.2020.

Prayer in WP(MD). 5996 and 6006 of 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue mandamus directing the 1st respondent herein to regularize the Petitioners Service from his initial date of appointment till 1.6.2006 with all consequential monetary and service benefits of Teachers in the light of the Judgment of this Honourable Court in W.P.No. 4991 of 2015 dated 30.7.2019 within the time period stipulated by this Honourable Court For Petitioners : Mr.G.Anto Prince For Respondents : Mrs.S.Srimathy Special Government Pleader C O M M O N O R D E R Alleging disobedience of the orders of this Court in W.P.(MD). Nos.5996 and 6006 of 2020, dated 24.03.2020, the petitioner has filed the present contempt petitions.

2. When the matters are taken up for hearing today, the learned Special Government Pleader appearing for the respondents would submit that these writ petitions relating to regularisation of the petitioners' service and the same were disposed of, by this Court, on 24.03.2020, by following the earlier order passed in W.P.No.4991 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD).Nos.210 and 218 of 2021 of 2015, dated 30.07.2019 (1.T.Kunju Krishnan and others vs. 1.Government of Tamil Nadu, represented by its Secretary and others). Aggrieved by the said order, the respondents have preferred an appeal and the Division Bench of this Court has modified the earlier order and disposed of the writ appeal. Thereafter, the respondents have filed a Review Application before this Court and the same is pending.

3. The learned counsel appearing for the petitioners did not dispute the said fact submitted by the learned Special Government Pleader.

4. Considering the fact that the earlier order passed by this Court in W.P.No.4991 of 2015, dated 30.07.2019, was modified in the writ appeal, the Contempt Petitions are closed. However, liberty is granted to the petitioners to work out the remedy, in the manner known to law, after disposal of the Review Application. Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) akv Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To Mr.Dheeraj Kumar The Secretary, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai 600 009.

+1 CC to M/s.SPL GP ( SR-6719,6720[F] dated 23/02/2021 ) Cont.P. (MD)Nos.210 and 218 of 2021 22.02.2021 MJ(CO) KK(04.03.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2