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Madras High CourtCONT P(MD)/432/2021closed

Dr.R.Suresh v. Prof.Dr.M.Krishnan

2021-09-17Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR in W.P.(MD) Nos.236 & 239 of 2019 respectively Dr.R.Suresh ... Petitioner in Cont.P.(MD) No.432 of 2021 S.Jeyasudha ... Petitioner in Cont.P.(MD) No.433 of 2021 -vs1.Prof.Dr.M.Krishnan The Vice Chancellor / Chairman Convener Committee Madurai Kamaraj University Palkalai Nagar Madurai-625 021 2.Prof.Dr.V.S.Vasantha Registrar I/C Madurai Kamaraj University Palkalai Nagar Madurai ... Respondents in both Cont.Ps.

PRAYER (in Cont.P.(MD) No.432 of 2021): Contempt Petition is filed under Section 11 of the Contempt of Courts Act to punish the Contemnors 1.Prof.Dr.M.Krishnan, Vice Chancellor/Chairman, Convenor Committee, Madurai Kamaraj University and 2.Prof Dr.V.S.Vasantha, Registrar I/C, Madurai Kamaraj University, Madurai for disobeying the orders of this Court dated 26.04.2019 passed in W.P.(MD) No.236 of 2019 and for committing contempt of Court willfully and wantonly. PRAYER (in Cont.P.(MD) No.433 of 2021): Contempt Petition is filed under Section 11 of the Contempt of Courts Act to punish the Contemnors 1.Prof.Dr.M.Krishnan, Vice Chancellor/Chairman, Convenor Committee, Madurai Kamaraj University and 2.Prof Dr.V.S.Vasantha, Registrar I/C, Madurai Kamaraj University, Madurai for disobeying the orders of this Court dated 26.04.2019 passed in W.P.(MD) No.239 of 2019 and for committing contempt of Court willfully and wantonly. Prayer in WP(MD)Nos. 236 and 239 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus, directing the respondents most particularly the

respondents 2 and 3 to implement the policy decision of Government to fix Petitioners in time scale of pay to his present post of Prinicipal,and Assistant Professors respectively, based on the Principal Secretary to Government letter No.28252/H2/2006-12 dated 05.09.2011 and syndicate resolution and financial committee approval of Madurai Kamaraj University and the petitioners representation dated 01.10.2018 and according to law.

For Petitioner :

Mr.R.Alagarsamy (in both Cont.Ps.) For Respondents :

Mr.K.Ragatheesh Kumar (in both Cont.Ps.) for M/s.Isaac Chambers C O M M O N O R D E R These contempt petitions have been filed alleging wilful disobedience of the orders, dated 26.04.2019, made in W.P.(MD) Nos.236 & 239 of 2019.

2.

The learned Standing Counsel appearing for the respondents submitted that the second respondent has passed an order dated 16.09.2021 stating that in view of the fact that the College was taken over by the Government vide G.O.(Ms) No.36, dated 28.02.2019, the University has no jurisdiction to take any administrative decision over the College and therefore, the representations of the petitioners could not be considered and to that effect, he has also produced a copy of the said order before this Court.

3. The aforesaid order dated 16.09.2021 is taken on record. If the petitioners are still aggrieved, it is open to them to challenge the same before Authority concerned in the manner known to law.

4. Accordingly, these contempt petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) krk 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:-

1. The Vice Chancellor / Chairman Convener Committee Madurai Kamaraj University Palkalai Nagar Madurai-625 021 2.The Registrar I/C Madurai Kamaraj University Palkalai Nagar Madurai.

+2 CC to M/s.R.ALAGAR SAMY, Advocate ( SR-29723[F] dated 21/09/2021 ) +2 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-29659[F] dated 20/09/2021 ) in W.P.(MD) Nos.236 & 239 of 2019 17.09.2021 RD(5.10.2021) 3P 7C