Madras High CourtCONT P(MD)/862/2022disposed of

C.V.Sreeja v. C.Lekshmana Swamy

2022-10-27Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in W.P.(MD)No.16293 of 2020 C.V.Sreeja ... Petitioner Vs.

C.Lekshmana Swamy, District Educational Officer, O/o. the District Educational Office, Valliyoor, Tirunelveli District.

... Respondent Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnor / respondent herein for his willful and wanton disobedience of the order passed by this Court in W.P. (MD)No.16293 of 2020, dated 18.02.2021.

For Petitioners :Mr.C.Kishore For Respondents :Mr.R.Baskaran Additional Advocate General assisted by Mr.J.Ashok Additional Government Pleader 1/4

O R D E R

Heard the learned counsel on either side.

2. The petitioner had succeeded in W.P.(MD)No.16293 of 2020. This Court had directed the respondent to approve the petitioner's appointment as B.T. Assistant with effect from 23.01.2019 and also extend all the consequential benefits. Questioning the same, the respondents filed W.A.(MD)No.1438 of 2021. The Hon'ble Division Bench dismissed the writ appeal on 08.12.2021. Contending that even thereafter the direction of this Court has not been complied with, the present writ petition came to be filed.

3. When the matter was taken up on the last occasion, the learned Additional Advocate General informed the Court that the respondent has already filed a review petition and that outcome of S.L.P.No.15702 of 2021 may have a bearing on the same. In these circumstances, I made it clear that the respondent must atleast pass an order approving the appointment subject to the outcome of the said proceedings and start to disburse the monthly salary.

4. Today when the matter was taken up for hearing, the learned Additional Advocate General produced the copy of the proceedings dated 2/4

27.10.2022 approving the appointment subject to the outcome of the review petition as well as SLP.

5. In view of the said development, since the order passed by this Court has attained finality, the respondent must disburse the salary. From this month onwards, salary payable to the petitioner will have to be paid without any default.

6. With this direction, the contempt petition is disposed of accordingly.

27.10.2022 Index: Yes/No Internet: Yes/No rmi To District Educational Officer, O/o. the District Educational Office, Valliyoor, Tirunelveli District.

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G.R.SWAMINATHAN, J.

rmi ORDER MADE IN in W.P.(MD)No.16293 of 2020 27.10.2022 4/4