Madras High CourtCONT P(MD)/659/2020closed

Thenmozhi v. M.Parasakthi

2021-02-12Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Cont.P.(MD)No.659 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI Cont.P.(MD)No.659 of 2020 Thenmozhi : Petitioner Vs.

1.Tmt.M.Parasakthi, District Elementary Educational Officer, Madurai.

2.Tmt.K.Sri Devi (Admin), Joint Director, Elementary Educational Office, DPI Office, College Road, Nungambakkam, Chennai - 6.

: Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for having willfully disobeyed the order passed in W.P.(MD)No.24736 of 2018, dated 21.10.2019. Prayer in WP(MD). 24736/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 4th respondent to regularize the period of suspension and taking into account for the full service and resultant the revised new pension and special grade are requested to be given since the petitioner suffering from hand to mouth because of the petitioner getting old pay scale which is very meagre to run the livelihood for the past 8 years.

For Petitioner : Mr.P.Paranthaman For Respondents : Mrs.S.Srimathy, Special Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) In compliance of the order passed by the Division Bench, an order has been passed by the respondents on 06.01.2021.

2. The learned Counsel appearing for the petitioner submitted that the payment will have to be made by the contemnors.

3. We do not think so. The contemnors have actually took a stand in favour of the contempt petitioner. It is the School, which filed the writ petition. The order of the Division Bench cannot be construed in a technical way. It has to be construed to the effect that appropriate orders will have to be passed making the School https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD)No.659 of 2020 Management to pay the amount. For the mistake committed by the School Management in not paying the amount and especially, when the official respondents took a plea in favour of the contempt petitioner, they cannot be found fault with.

4. In such view of the matter, this contempt petition stands closed, as we do not find any wilful disobedience of the order passed by the Division Bench. Needless to state that if the School Management is not complying with the aforesaid order, the petitioner can work out her remedy in the manner known to law. Sd/- Assistant Registrar (crl) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The District Elementary Educational Officer, Madurai.

2.The Joint Director, Elementary Educational Office, DPI Office, College Road, Nungambakkam, Chennai - 6.

Cont.P.(MD)No.659 of 2020 12.02.2021 KUN(CO) KB(23.02.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2