M. Sivarajan v. Dr.J. Radhakrishnan I.A.S.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2021 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU in W.P. (MD) No. 5028 of 2017 M.Sivarajan ... Petitioner -vs1. Dr. J.Radhakrishnan, I.A.S., The State of Tamil Nadu, The Secretary, Department of Health & Family Welfare, Fort St. George, Chennai - 600 009.

2. Thiru. Shambu Kallolikar, I.A.S., The State of Tamil Nadu, The Secretary, Department of Social Welfare and Nutritious Meal Programme, Fort St. George, Chennai - 600 009.

3. The State Commissioner for the Differently Abled, Commissionerate for the Welfare of the Differently Abled, Jawaharlal Nehru Inner Ring Road, K.K.Nagar, Chennai - 600 078.

Now at Thiru. Johny Tom Varghese, I.A.S., Director for the Welfare of Differently abled/ State Commissioner for persons with disabilities, No. 5, Kamarajar Salai, Chennai - 600 005.

4. Dr. S.Gurunathan, M.S.(G.S.) Director of Medical & Rural Health Service, DMS Complex, Teynampet, Chennai - 600 010.

5. Dr. Darez Ahamed, I.A.S., The Project Director, State NCD (Non-Communicable Disease) Cell, DMS Complex, Teynampet, Chennai - 600 006.

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6. Dr. A.Pragalathan, M.D., (G.M.), Joint Director of Medical & Rural Health Service, Nagercoil, Kanyakumari District.

...Respondents

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the Respondents/Contemnors herein for their deliberate and willful disobedience of the order of this Court dated 10.03.2021 in Writ Petition (MD) No. 5028 of 2017 under Article 215 of the Constitution of India read with Section 11 of the Contempt of Courts Act, 1971.

Prayer in WP(MD). 5028/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents herein to regularize forthwith the service of the petitioner in the 4th respondent Directorate of w.e.f. the date of appointment viz., 18.11.2005 with all attendant benefits and allowances in the light of the GO (Ms)No.151 (Social Welfare and Nutritious Meal Programme - SN4) dated 16.10.2008. For Petitioner :

Mr. K.Prabhu For Respondents :

Mr. G.Kavirajadurai

O R D E R

(through Video Conference) Heard Mr. K.Prabhu, Learned Counsel for the Petitioner and Mr. G.Kavirajadurai, Learned Counsel representing the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.Learned Counsel appearing for the Respondents has produced a copy of the proceedings in Ref. No. 24404/E2/2/2017 dated 24.06.2021 issued by the Fourth Respondent in compliance of the order dated 10.03.2021 in W.P. (MD) No. 5028 of 2017 passed by this Court. Learned Counsel for the Petitioner acknowledges its receipt. In the result, the Contempt Petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 2/3

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. The Secretary, Department of Health & Family Welfare, Fort St. George, Chennai - 600 009.

2. The Secretary, Department of Social Welfare and Nutritious Meal Programme, Fort St. George, Chennai - 600 009.

3. The Director for the Welfare of Differently abled/ State Commissioner for persons with disabilities, No. 5, Kamarajar Salai, Chennai - 600 005.

4. The Director of Medical & Rural Health Service, DMS Complex, Teynampet, Chennai - 600 010.

5. The Project Director, State NCD (Non-Communicable Disease) Cell, DMS Complex, Teynampet, Chennai - 600 006.

6. The Joint Director of Medical & Rural Health Service, Nagercoil, Kanyakumari District.

+1 CC to M/s.GP ( SR-24946[F] dated 02/08/2021 ) 30.07.2021 RD (15.09.2021) 3P 8C 3/3