P.Karthick. v. Shanthi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM in W.P.(MD)Nos.10044, 10045, 10046, 10043, 10048, 10052, 10051, 10050, 10049 and 10047 of 2019 P.Karthick. S/o. Periasamy, 68/21, Iv Street, Venis Nagar, Chinthamani, Trichy -2. ... Petitioner/Writ Petitioner in CONT P(MD). 1143/ 2020 D.Karthik. S/o. Durai, 4/68, Bharathi Nagar, Iv Street, Senampatti Road, Vallam, Thanjavur. ... Petitioner/Writ Petitioner in CONT P(MD). 1144 of 2020 B. Jayanthi, D/o. R. Balasubramanian, C-5, Sakthi Block, Nalli-High-Way Apartments, Chennai-Bye-Pass Road, Trichy - 620 008.

... Petitioner/Writ Petitioner in CONT P(MD). 1145 of 2020 A. Parkavi, W/o. A. Dinesh, No.11, Golden Plots, Vathukara Street, Woraiyur Post, Trichy District.

... Petitioner/Writ Petitioner in CONT P(MD). 1146 of 2020 Smt. Punitha, W/o. Subramanian, No.1, Ponniah Street, Pullampadi Post, Lalgudi Taluk, Trichy District.

... Petitioner/Writ Petitioner in CONT P(MD). 1147 of 2020 P. Mala, D/o. M. Ponnusamy, 51/12, Mauraiveeran Street, Puthur, Trichy -17. ... Petitioner/Writ Petitioner in CONT P(MD). 1148 of 2020 K. Ragunathan, S/o.Krishna, 22/c, Subramaniya Samy Kovil Street, West Chinthamani, Trichy - 2.

... Petitioner/Writ Petitioner in CONT P(MD). 1149 of 2020 R. Vasantha Kumar, S/o.Rangasami, 132, South Street, Melakondayampettai, Thiruvanai Koil, Trichy - 5.

... Petitioner/Writ Petitioner in CONT P(MD). 1150 of 2020 K. Alagar, S/o.Kalimuthu, A. Udaiyapatti West, Kalugur Post, Kulithalai Taluk, Karur. ... Petitioner/Writ Petitioner in CONT P(MD). 1151 of 2020 1/7

S. Aravindhan, S/o. Sekar, 3/106, Keelavathiyam, Vathiyam, Karur District. ... Petitioner/Writ Petitioner in CONT P(MD). 1152 of 2020 - Vs. - Shanthi, The Chief Educational Officer, O/o. the Chief Educational Officer, Madurai Road, Trichy -8.

... Contemnor/2nd Respondent in CONT P(MD)Nos. 1143 to 1152 of 2020 Prayer in Cont.P.(MD)No.1143 of 2020: Contempt petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondent / contemnor for willful disobedience to the orders of this Court dated 16.10.2019 in W.P.(MD)No.10044 of 2019 and punish the respondent for contempt.

Prayer in WP(MD). 10044 of 2019 :

O.Mu.No.6648/A3/2018, dated .02.2019 signed on 07.02.2019 is illegal herein to grant approval for the appointment of petitioner as Office Assistant in the 4th respondent school w.e.f. 25.05.2018 with all Prayer in CONT P(MD). 1144 of 2020 :

W.P.(MD).No.10045 of 2019 and punish respondent for contempt and Prayer in WP(MD). 10045 of 2019 :

O.Mu.No.6651A/A3/2018, dated .02.2019 signed on 07.02.2019 is illegal and quash the same and consequently direct the respondents 2 and 3 herein to grant approval for the appointment of petitioner as Sweeper in the 4th respondent school w.e.f. 25.05.2018 with all Prayer in CONT P(MD). 1145 of 2020 :

2/7

W.P.(MD).No.10046 of 2019 and punish respondent for contempt and Prayer in WP(MD). 10046 of 2019 :

O.Mu.No.6653/A3/2018, dated .02.2019 signed on 07.02.2019 is illegal herein to grant approval for the appointment of petitioner as scavenger in the 4th respondent school w.e.f. 25.05.2018 with all Prayer in CONT P(MD). 1146 of 2020 :

W.P.(MD).No.10043 of 2019 and punish respondent for contempt and Prayer in WP(MD). 10043 of 2019 :

O.Mu.No.6646/A3/2018, dated .02.2019 signed on 07.02.2019 is illegal herein to grant approval for the appointment of petitioner as Record Clerk in the 4th respondent school w.e.f. 25.05.2018 with all Prayer in CONT P(MD). 1147 of 2020 :

W.P.(MD).No.10048 of 2019 and punish respondent for contempt and Prayer in WP(MD). 10048 of 2019 :

O.Mu.No.6645/A3/2018, dated .02.2019 signed on 07.02.2019 is illegal 3/7

herein to grant approval for the appointment of petitioner as Library Clerk in the 4th respondent school w.e.f. 25.05.2018 with all attendant and monetary benefits including the arrears of salary and allowance.

Prayer in CONT P(MD). 1148 of 2020 :

W.P.(MD).No.10052 of 2019 and punish respondent for contempt and Prayer in WP(MD). 10052 of 2019 :

O.Mu.No.6652/Aa3/2018, dated .02.2019 signed on 07.02.2019 is illegal and quash the same and consequently direct the respondents 2 and 3 herein to grant approval for the appointment of petitioner as junior assistant in the 4th respondent school w.e.f. 25.05.2018 with all attendant and monetary benefits including the arrears of salary and allowance Prayer in CONT P(MD). 1149 of 2020 :

W.P.(MD).No.10051 of 2019 and punish respondent for contempt and Prayer in WP(MD). 10051 of 2019 :

O.Mu.No.6647/AA3/2018, dated .02.2019 signed on 07.02.2019 is illegal and quash the same and consequently direct the respondents 2 and 3 herein to grant approval for the appointment of petitioner as Office Assistant in the 4th respondent school w.e.f. 25.05.2018 with all attendant and monetary benefits including the arrears of salary and allowance.

Prayer in CONT P(MD). 1150 of 2020 :

W.P.(MD).No.10050 of 2019 and punish respondent for contempt and 4/7

Prayer in WP(MD). 10050 of 2019 :

O.Mu.No.6650/Aa3/2018, dated .02.2019 signed on 07.02.2019 is illegal and quash the same and consequently direct the respondents 2 and 3 herein to grant approval for the appointment of petitioner as Waterman in the 4th respondent school w.e.f. 25.05.2018 with all Prayer in CONT P(MD). 1151 of 2020 :

W.P.(MD).No.10049 of 2019 and punish respondent for contempt and Prayer in WP(MD). 10049 of 2019 :

O.Mu.No.6644/Aa3/2018, dated .02.2019 signed on 07.02.2019 is illegal and quash the same and consequently direct the respondents 2 and 3 herein to grant approval for the appointment of petitioner as Junior Assistant in the 4th respondent school w.e.f. 25.05.2018 with all attendant and monetary benefits including the arrears of salary and allowance Prayer in CONT P(MD). 1152 of 2020 :

W.P.(MD).No.10047 of 2019 and punish respondent for contempt and Prayer in WP(MD). 10047 of 2019 :

O.Mu.No.6649/A3/2018, dated .02.2019 signed on 07.02.2019 is illegal 5/7

herein to grant approval for the appointment of petitioner as Office Assistant in the 4th respondent school w.e.f. 25.05.2018 with all In all Cases:

For Petitioner : Mr.S.Manikandan For Respondent : Mr.S.P.Maharajan, Special Government Pleader.

C O M M O N O R D E R These contempt petitions are filed for the wilful disobedience of the order dated 16.10.2019 passed in W.P.(MD) Nos.10044, 10045, 10046, 10043, 10048, 10052, 10051, 10050, 10049 and 10047 of 2019.

2.The order passed in these writ petitions reads as under:- ''6.For the above reasons, the impugned return order passed by the second respondent is quashed and the fourth respondent is directed to resubmit the proposal, within a period of two weeks from the date of receipt of a copy of this order along with documents to the second respondent through the third respondent. On such re-submission of proposal by the fourth respondent, the second respondent is directed to pass orders on the proposal, within a period of two weeks thereafter.

7.In the result, all the writ petitions are allowed.

No costs.

Consequently, connected miscellaneous petitions are closed.''

3.The learned counsel for the petitioner made a submission that pursuant to the orders passed in these writ petitions, proposal were resubmitted by the fourth respondent along with documents to the second respondent, Chief Educational Officer. However, the proposal was again returned for compliance of the further defects. The learned counsel for the petitioner states that the further defects were also complied with and again it was represented before the second respondent. However, the competent authority to grant final approval is the Director of School Education. As far as the order passed by this Court is concerned, a direction was given to the fourth respondent to submit the proposal to the second respondent, Chief Educational Officer, which has been complied with and there is no direction against the first respondent, Director of 6/7

School Education. However, the learned counsel for the petitioner states that the Chief Educational Officer has to pass orders. In any event, the proposal has already been re-submitted to the competent authorities. Thus, the Chief Educational Officer has to take a decision as quickly as possible, considering the long pendency of the issues.

4.With these observations, these contempt petitions stand closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To:

1.The Chief Educational Officer, Office of the Chief Educational Officer, Madurai Road, Trichy -8.

+1 CC to M/s.SPL GP ( SR-7509[F] dated 21/02/2022 ) in W.P.(MD)Nos.10044, 10045, 10046, 10043, 10048, 10052, 10051, 10050, 10049 and 10047 of 2019 17.02.2022 RD(08.03.2022) 7P 3C 7/7