S.Thangavel v. Radhakrishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in W.P(MD) No.3225 of 2020 S.Thangavel

...Petitioner/Petitioner

.vs.

1.Radhakrishnan, IAS., The Principal Secretary to Government, Health and Family Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.T.S.Selvavinayagam, The Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 600 006.

3.Dr.N.Kalusivalingam, M.D, The Deputy Director of Health Service, Sankarankovil, Tenkasi District.

4.G.S.Sameeran,IAS The District Collector, Tirunelveli District, Tirunelveli ...Contemnors/Respondents PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, praying this Court to punish the contemnors/respondents for their deliberate and wilful disobedience of the order passed by this Court in W.P(MD) No.3225 of 2020, dated 18.02.2020. Prayer in WP(MD). 3225/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the 1st and 2nd Respondents to consider the representation of the petitioner dated 08-05-2019 to rectify the pay anomaly on par with that of his Junior, P.Srinivasan, Health Educator, retired from service and to step up his pay on par with that of his Junior at Rs.24170 plus 4500 Gr.pay with effect from 01-04-2010 in post of Health Educator. 1/3

For Petitioner :No appearance For Respondents :Mr.A.Kannan Additional Government Pleader

O R D E R

This contempt petition is filed that order of this Court in W.P(MD) No.3225 of 2020, dated 18.02.2020 has not been complied with.

2.This Court, by order dated 18.02.2020 disposed of the Writ Petition in W.P(MD) No.3225 of 2020, with the following directions:- "4.In view of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation, dated 08.05.2019 on its own merits and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioner in his representation and it is for the first respondent to consider it in accordance with law. 5.With the above directions, this writ petition is disposed of. No costs."

3.Mr.A.Kannan, learned Additional Government Pleader appearing for the respondents submits that the petitioner's representation was considered by the respondents and the same was rejected by order No.9024/L1/2020/04, dated 02.12.2021. He also claimed that the order has been communicated to the petitioner through registered post and the same was acknowledged by the petitioner on 15.12.2021.

4.Recording the aforesaid submission made by the learned Additional Government Pleader, this contempt petition is closed. It is always open to the petitioner to challenge the aforesaid proceedings, in the manner known to law.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) vrn 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.

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To 1.Radhakrishnan, IAS., The Principal Secretary to Government, Health and Family Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.T.S.Selvavinayagam, The Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 600 006.

3.Dr.N.Kalusivalingam, M.D, The Deputy Director of Health Service, Sankarankovil, Tenkasi District.

4.G.S.Sameeran,IAS The District Collector, Tirunelveli District, Tirunelveli +1 CC to M/s.SPL.GP ( SR-2194[F] dated 24/01/2022 ) in W.P(MD) No.3225 of 2020 21.01.2022 MGJ(10.02.2022) 3P 6C 3/3