K.Muruganantham, v. Dheeraj Kumar,

Cont p(MD).No.1140 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Cont P(MD).No.1140 of 2020 Mr.K.Muruganantham ... Petitioner/Petitioner Vs.

Mr.Dheeraj Kumar The Secretary, Government of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.

... Contemnor/Respondent No.1 Prayer: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to initiate contempt proceedings against the contemnor/Respondent No.1 and punish him for his wilful disobedience of the order dated 24.03.2020 made in W.P(MD).No.6003 of 2020. Prayer in WP(MD). 6003/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the 1st respondent herein to regularize the Petitioners Service from his initial date of appointment till 1.6.2006 with all consequential monetary and service benefits of Teachers in the light of the Judgment of this Honourable Court in W.P.No. 4991 of 2015 dated 30.7.2019 within the time period stipulated by this Honourable Court For Petitioner : Mr.G.Anto Prince For Respondent : Mrs.S.Srimathy Special Government Pleader

O R D E R

For non-compliance of the order of this Court, dated 24.03.2020 made in W.P(MD).No.6003 of 2020, this Contempt Petition is filed. 2.The learned counsel appearing for the contempt petitioner submitted that by order dated 24.03.2020, this Court allowed the writ petition in W.P(MD)No.6003 of 2020, following the earlier order passed by this Court, on 30.07.2019, in W.P,No.4991 of 2015, with regard to the regularization of the petitioner's service and extend all the monetary benefits. However, the State preferred a Writ Appeal in W.A.No.3904 of 2019 against the order passed in W.P.No.4991 of 2015, which was followed by this Court in W.P(MD) No.6003 of 2020. In Writ Appeal, the Division Bench of this Court, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont p(MD).No.1140 of 2020 has modified the order, dated 30.07.2019, and partly allowed the writ appeal on 13.01.2020. Against the Division Bench order, Review Application has been filed. Hence, the contempt petitioner has to make a fresh representation to extend the benefits within a reasonable time as fixed by the Division Bench of this Court. 3.The learned Special Government Pleader appearing for the respondents did not dispute the facts as submitted by the learned counsel for the petitioner.

4.Considering the facts and circumstances of the case, this Court allowed the present writ petition, based on the earlier order passed by this Court in W.P.No.4991 of 2015, dated 30.07.2019, which later was modified by the Division Bench of this Court. 5.In view of the above, this Contempt Petition is closed. However, liberty is granted to the petitioner to work out his remedy in terms of the judgment passed by the Division Bench of this Court. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Ns To Mr.Dheeraj Kumar Secretary, Government of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.

+1 CC to Mr.G.ANTO PRINCE, Advocate ( SR-4050[F] dated 09/02/2021 ) Cont P(MD).No.1140 of 2020 08.02.2021 VB (15.02.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2