The Correspondent v. Dheeraj Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Cont.P.(MD)No.710 of 2020 in W.P.(MD)No.13595 of 2018 The Correspondent John De Britto Middle School, Puliyal - 630 312 Sivagangai District ... Petitioner/Petitioner Vs.

1.Dheeraj Kumar The Secretary The State of Tamil Nadu Department of School Education, Fort St.George, Chennai - 600 009.

2.Palanisamy The Director of School Education, College, Road, Chennai - 600 006.

3. Sanmuganathan The District Educational Officer, Earlier as the District Elementary Educational Officer, Mandapam, Ramanathapuram District.

4. P.Gnana Grace Valarmathi Block Educational Officer, Devakottai - 630 303 Sivagangai District ... Contemnors/Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts

Act, to punish the contemnors/respondents for their willful, deliberate disobedience of the order of this Court made in W.P.(MD)No.13595 of 2018, dated 13.03.2019.

For Petitioner : M/s.A.Amala For Respondents : Mr.R.Baskaran Senior Counsel Assisted by Mr.V.Nirmal Kumar

O R D E R

This Contempt Petition has been filed complaining willful disobedience of the order dated 13.03.2019 passed in W.P(MD)No.13595 of 2018 in true letter and spirit.

2. The learned counsel for the petitioner contends that by following the order in WP(MD)No.2894 of 2018 dated 21.02.2018, this Court while disposing the above mentioned Writ Petition directed the respondents to approve forthwith the appointment of the petitioner and to pay salary for the said appointee within a period of eight weeks from the date of the order. As the said order is not complied with, the present Contempt Petition has been filed.

3. On behalf of the respondents, counter affidavit has been filed. In the said affidavit, it is averred that the order of the court is complied with by issuing proceedings dated 18.07.2023 by the third respondent.

4. Mr.Baskaran, learned Senior Counsel, assisted by Mr.V.Nirmal Kumar, learned counsel appearing on behalf of the respondents submits that in view of the fact that the Writ Appeals are filed against the batch orders passed by the learned single Judge and thereafter, a Special Leave Petition is filed before the Apex Court, there is some delay in implementation of the order of this Court. However, now, proceedings are issued on 18.07.2023 to implement the order of the court by granting approval to the petitioner.

5. The learned Senior Counsel on instructions submits that the second limb of the order to disburse the salary to the petitioner will be considered within a period of four weeks.

6. Recording the statement of the learned Senior counsel, in my considered view, further adjudication in this Contempt Petition is not required.

7. Accordingly, this Contempt Petition is closed. 27.07.2023 Index : Yes/No Internet : Yes/No CM

To, 1.Dheeraj Kumar The Secretary The State of Tamil Nadu Department of School Education, Fort St.George, Chennai - 600 009.

2.Palanisamy The Director of School Education, College, Road, Chennai - 600 006.

3. Sanmuganathan The District Educational Officer, Earlier as the District Elementary Educational Officer, Mandapam, Ramanathapuram District.

4. P.Gnana Grace Valarmathi Block Educational Officer, Devakottai - 630 303 Sivagangai District

BATTU DEVANAND, J., CM Cont.P.(MD)No.710 of 2020 in W.P.(MD)No.13595 of 2018 27.07.2023