M.A.Kalidoss, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND M.A. Kalidoss ... Petitioner / Petitioner Vs.
1.Prdeep Yadav I.A.S, Principal Secretary to Government, Highways Department, Secretariat, Chennai - 600 009.
2.Geetha, Principal Director (Highways), Highways Department, Chepauk, Chennai - 600 005.
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3.N. Balamurugan, Chief Engineer (Highways), O/o. The Chief Engineer (Highways), NABARD and Rural Roads, Tirunelveli - 627 002.
4.Selvi, Superintending Engineer (Highways), NABARD and Rural Roads, Tirunelveli - 627 002.
5.Sridhar, Divisional Engineer (Highways), NABARD and Rural Roads, O/o. The Divisional Engineer (Highways), Paramakudi Post, Ramanathapuram District.
...Contemnors/Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the Contemnors/respondents for committing Contempt of Court by their willful deliberate disobedience of the order dated 16.07.2018 passed by this Court made in W.P.(MD)No.12128 of 2018.
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For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.P. Subbaraj
O R D E R
This Contempt Petition has been filed complaining willful disobedience of the respondents in complying the order, dated 16.07.2018, passed in W.P.(MD)No.12128 of 2018 in true letter and spirit.
2. While allowing the Writ Petition, directed for grant of Compassionate Appointment to the petitioner within a period of six weeks from the date of receipt of a copy of the order
3. A Counter affidavit has been filed on behalf of the respondents. The learned Senior Counsel appearing for the respondents would submit that against the order of the learned Single Judge, a Writ Appeal has been filed and the same was dismissed by its order dated 3/7
17.06.2021 directing the respondents to pass appropriate orders with regard to the age, qualification of the Writ Petitioner in terms of G.O.(Ms)No.18, Labour and Employment (Q1) Department, dated 23.01.2020, so as to enable the Writ Petitioner to secure employment on Compassionate grounds within a period of four months.
4. The learned Senior Counsel further submits that they have filed Review Petition to review the order in the Writ Appeal and it is pending. The learned Senior Counsel also brought to the notice of this Court that considering the order passed by this Court in Writ Appeal, the name of the petitioner is included in the seniority list to consider his case for appointment on Compassionate grounds. The petitioner is placed at Serial No.949 in the seniority list, taking into consideration of the case of the death of the petitioner's father.
5. It is also contended that as and when the petitioner turn comes, he will be appointed on Compassionate grounds. 4/7
6. In view of the facts and circumstances of the case, in our considered opinion, at present nothing remains in this Contempt Case for further adjudication, as the petitioner's case is considered in the light of the order of the Division Bench and his name is included in the seniority list for consideration of Compassionate Appointment.
7. Accordingly, this Contempt Petition is closed. 13.09.2023 Index :Yes / No Internet :Yes NCC : Yes / No RM 5/7
To 1.The Principal Secretary to Government, Highways Department, Secretariat, Chennai - 600 009.
2.The Principal Director (Highways), Highways Department, Chepauk, Chennai - 600 005.
3.The Chief Engineer (Highways), O/o. The Chief Engineer (Highways), NABARD and Rural Roads, Tirunelveli - 627 002.
4.The Superintending Engineer (Highways), NABARD and Rural Roads, Tirunelveli - 627 002.
5.The Divisional Engineer (Highways), NABARD and Rural Roads, O/o. The Divisional Engineer (Highways), Paramakudi Post, Ramanathapuram District.
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BATTU DEVANAND, J.
RM CONT. P. (MD) No.386 of 2023 13.09.2023 7/7