J.P.Kumadhavalli v. Mr.A.Karuppasamy,

SUB A(MD) NO. 177 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-04-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY SUB A(MD) NO. 177 of 2024 IN CONT P(MD) NO. 552 OF 2024 J.P.Kumadhavalli No.7, Viswanathan Nagar, Millgates Pettai, Tirunelveli District. Appellant(s) Vs Mr.A.Karuppasamy, The Director of Elementary Education, Chennai-06. and 2 Others Respondent(s) For Appellant(s):

M/s.V.Panneer Selvam For Respondent(s):

Mr.C.Venkatesh Kumar Special Government Pleader

ORDER

The present sub application is filed alleging that the respondents have not complied with the order passed by this Court in the writ petition. This Court has passed the order in the writ petition as under:

"3. Without expressing any opinion on the claim of the petitioner, this Court is directing the respondents to consider the case of the petitioner and pass orders within a period of eight weeks from the date of receipt of a copy of this order."

1/3

2.When the Court has passed an order to consider and pass orders, there cannot be a contempt if orders are passed. The respondents have passed an order stating that as per the tentative list as on 01.01.2023, the petitioner's name will be considered as per the rules and regulations. As on 01.01.2023, the petitioner is the senior most person. In the meanwhile, the Hon'ble Division Bench of this Court has passed an order to take state wise seniority and not unit wise seniority. When there is an intervening modification in the seniority list, the petitioner is not entitled to claim the seniority which was prevailing in the year 2023. Now, the petitioner's name is in Serial No.100. Since the petitioner is aggrieved by the change in the seniority, the petitioner has come forward with the sub application. Hence, the sub application is not maintainable and the petitioner is directed to adjudicate as per law. Therefore, the sub application is closed.

Sd/- 16.04.2025 // True Copy // /06/2025 Sub Assistant Registrar ( I / II / III / IV) Tmg 2/3

To

1. Mr.A.Karuppasamy, The Director of Elementary Education, Chennai-06.

2. Mrs.Sangeetha Chinna Rani, The District Educational Officer, (Elementary Education), Tirunelveli, Tirunelveli District.

3. Mrs. Kalaiselvi, The Block Educational Officer, Tirunelveli urban, Tirunelveli District.

jj/06.06.2025 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3