The Correspondent v. Kannappan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH Cont P.(MD)Nos.359 and 360 of 2021 in WP.(MD).Nos.11831 and 11834 of 2020 The Correspondent, Senaithalaivar Higher Secondary School, Vickramasingapuram-627 425, Tirunelveli District.
... Petitioner/Petitioner (in both Contempt Petitions) /vs./ 1.Dr.Kannappan, The Director of School Education, College Road, Chennai600 006.
2.M.Sivakumar, The Chief Educational Officer, Tirunelveli, Tirunelveli District.
3.M.Sudalai, The District Educational Officer, Cheranmahadevi, Tirunelveli District.
... Contemnors/Respondents (in both Contempt Petitions) COMMON PRAYER: Contempt Petitions are filed under Section 11 of the Contempt of Court Act, 1971, to punish the respondents herein for their deliberate and willful disobedience of the order of this Court dated 16.09.2020 in Writ Petition (MD) Nos.11831 and 11834 of 2020 under Article 215 of the Constitution of India read with Section 11 of the Contempt of Courts Act, 1971.
Prayer in WP(MD). 11831/ 2020 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court To issue a writ, order or direction in the nature of a WRIT OF MANDAMUS directing the 2nd and 3rd respondents to release forthwith annual increment admissible to Mr.J.Thomas Swami Dass as BT Assistant (History) w.e.f. 25.09.2017, with all attendant benefits including the arrears of salary thereon. Prayer in WP(MD). 11834/ 2020 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court To issue a writ, order or direction in the nature of a WRIT OF MANDAMUS directing the 2nd and 3rd respondents to release forthwith annual increment admissible to Mr.A.Amal Anthony as BT Assistant (English) w.e.f. 04.01.2019, with all attendant benefits including the arrears of salary thereon. 1/3
For Petitioner : Mr.K.Prabhu (in both Contempt Petitions) For Respondents : Mrs.S.Srimathy (in both Contempt Petitions) Special Government Pleader COMMON ORDER It is stated by the learned counsel for the petitioner that as against the orders of the Writ Court, the Government has filed an appeal in W.A(MD) Nos.467 and 468 of 2021 and the order of the Writ Court has also been stayed by the Hon'ble Division Bench of this Court on 02.03.2021.
2.While that being so, it would not be appropriate to keep the contempt pending, particularly, when the Hon'ble Division Bench has seized of the matter.
3.Accordingly, this Contempt Petitions stand closed. However, if the cause of action for filing contempt arises after the disposal of the writ appeal, it is open to the petitioner to do so. Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.Dr.Kannappan, The Director of School Education, College Road, Chennai600 006.
2.M.Sivakumar, The Chief Educational Officer, Tirunelveli, Tirunelveli District.
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3.M.Sudalai, The District Educational Officer, Cheranmahadevi, Tirunelveli District.
+1 CC to M/s.SPL GP ( SR-10542[F] dated 11/03/2021 ) +1 CC to M/s.K.PRABHU, Advocate ( SR-10664[F] dated 12/03/2021 ) Cont P.(MD)Nos.359 and 360 of 2021 10.03.2021 MJ(CO) KB(28.04.2021) 3P 6C 3/3