R.Clement Ragis v. M.Palanisamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU CONT.P(MD)No.873 of 2020 in W.P(MD)No.1852 of 2020 J.R.Clement Regis .. Petitioner/ Petitioner Vs.

1.Dr.M.Palanisamy The Director Office of the Director of Elementary Education Chennai 2.Mr.Senthurpandian The District/Educational Officer Tenkasi 627 811 Tenkasi District (The District Elementary Education Officer and The District Educational Officer are one and the same as per G.O.Ms.No.101 dated 18.05.2018) 3.Mrs.D.S.Mary Grace Jebaraj Block Educational Officer Block Educational Office Shengottai 627 807 Tenkasi District .. Respondents/Respondents PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondents for willful disobedience of the order passed by this Court in W.P(MD).No.1852 of 2020, dated 02.03.2020.

Prayer in WP(MD). 1852/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records pertaining to the impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No.1475/Aa/2019 dated 9.12.2019 and quash the same and consequently to direct the respondents to provide the petitioner incentive for higher education qualification acquired by the petitioner.

For Petitioner : Mr.R.Balakrishnan For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

Alleging non compliance of the order passed by this Court in W.P(MD).No.1852 of 2020, dated 02.03.2020 , this contempt petition has been filed.

2.The learned Special Government Pleader appearing for the

respondents would state that the respondents had paid the entire amount as per calculation memo whereas the learned counsel for the petitioner would state that in respect of incentive increment, there is a discrepancy in the calculation memo and the respondents have to pay the incentive increment from the date of completion of the degree.

3.Per contra, the learned Special Government Pleader would submit that as per G.O.Ms.No.42, Education Dept.dated 10.01.1969, enquiry has been pending , therefore, the period from the date of completion of the degree cannot be taken into account while calculating the incentive increments. As per the said G.O, the calculation has been done. Therefore, the order passed by this Court in W.P(MD).No.1852 of 2020, dated 02.03.2020 has been complied with. 4.Recording the above submission, this contempt petition is closed.If the petitioner is aggrieved, he is at liberty to give a fresh representation and the respondents shall consider the same in the manner known to law.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.Dr.M.Palanisamy The Director Office of the Director of Elementary Education, Chennai 2.Mr.Senthurpandian The District/Educational Officer Tenkasi 627 811, Tenkasi District (The District Elementary Education Officer and The District Educational Officer are one and the same as per G.O.Ms.No.101 dated 18.05.2018) 3.Mrs.D.S.Mary Grace Jebaraj Block Educational Officer Block Educational Office Shengottai 627 807 Tenkasi District

+1 CC to M/s.R.BALAKRISHNAN, Advocate ( SR-10657[F] dated 12/03/2021 ) CONT.P(MD)No.873 of 2020 in W.P(MD)No.1852 of 2020 10.03.2021 PM(CO) KB(25.03.2021) 3P 5C