Hindu Middle School v. Pradeep Yadav

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM Hindu Middle School, Kudankulam-627 106, Radhapuram Range, Tirunelveli District, Represented by its Secretary.

... Petitioner/Petitioner -vs1.Mr.Pradeep Yadav, The Secretary to Government, School Education Department, Fort St. George, Chennai.

2.Mr.Karuppasamy, The Director of Elementary School Education, College Road, CPI Campus, Chennai.

3.Mrs.R.Sowndrsekari, The District Elementary Educational Officer, Tirunelveli.

4.Mr.S.Sewasthiyayi, The Assistant Elementary Educational Officer, Radhapuram, Tirunelveli District.

... Respondent/ Respondents 1 to 4 Prayer: Contempt Petition is filed under 11 of the Contempt of Courts Act, 1971, to punish the respondents for willful disobedience of order passed by this Hon'ble Court in W.P(MD)No.12947 of 2013 dated 21.12.2018.

Prayer in WP(MD). 12947/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorified Mandamus, calling for the records relating to the impugned order of the 2nd respondent in Na.Ka.No.37718/F2/2011 dated 12.04.2012 and consequential orders of the 4th respondent in Na.Ka.No.2105/A1/2012 dated 10.12.2012 and quash the same and consequently direct the respondents 3 and 4 herein to approve the appointment of Mrs.S.Thurga Parameswari as Secondary Grade Teacher in the petitioners school w.e.f. 26.11.2012 1/3

with all attendant benefits including the arrears of salary and allowance.

For Petitioner : Mr.T.Pon Ramkumar For Respondents : Mrs.S.Srimathy, Special Government Pleader

O R D E R

The learned Special Government Pleader appearing on behalf of the respondents states that the order passed by this Court in W.P (MD)No.12947 of 2013 on 21.12.2018 has been complied with. In this regard, the District Educational Officer, Valliyoor passed an order in proceedings dated 26.08.2019.

2.However, it is made clear that the petitioner should pass the Teachers Eligibility Test, which is a mandatory qualifications. In other words, the order passed by the District Educational Officer is a conditional order that the writ petitioner should pass the minimum educational qualification of Teachers Eligibility Test as per the orders of the Government of Tamil Nadu. However, as far as the salary is concerned, the same would be paid till the date on which the last date expired for passing of the Teachers Eligibility Test.

3.In view of the above, this contempt petition stands closed. Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar To 1.Mr.Pradeep Yadav, The Secretary to Government, School Education Department, Fort St. George, Chennai.

2.Mr.Karuppasamy, The Director of Elementary School Education, College Road, CPI Campus, Chennai.

3.Mrs.R.Sowndrsekari, The District Elementary Educational Officer, Tirunelveli.

2/3

4.Mr.S.Sewasthiyayi, The Assistant Elementary Educational Officer, Radhapuram, Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-84182[F] dated 29/08/2019 ) 28.08.2019 am MS/17.09.2019/3P.6C 3/3