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Madras High CourtCONT P(MD)/1164/2020closed

K.Johnson v. Dheeraj Kumar

2021-01-21Honourable Mr Justice M.S. Ramesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Cont.P.(MD)Nos.1164, 1166, 1167, 1172, 1173, 1194 & 1200 of 2020 Against WP(MD).5986, 6002, 6017, 6004, 5999, 6016 & 6013 of 2020 Respectively K.Johnson ... Petitioner in CONT P(MD).1164 of 2020 R. Sivasamy ... Petitioner in CONT P(MD).1166 of 2020 K.M.Muniyappan ... Petitioner in CONT P(MD).1167 of 2020 P. Subramanian ... Petitioner in CONT P(MD).1172 of 2020 K. Unnamalai ... Petitioner in CONT P(MD).1173 of 2020 A.Arumai Selvi ... Petitioner in CONT P(MD).1194 of 2020 S. Gaspar ... Petitioner in CONT P(MD).1200 of 2020 Vs.

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

: Contemnor/Respondent No.1 (in all Contempt Petition) COMMON PRAYER: Contempt Petitions filed under Section 11 of the Contempt of Courts Act to punish the respondent for his wilful and deliberate disobedience to the order of this Court in W.P.(MD) No.5986, 6002, 6017, 6004, 5999, 6016 & 6013 of 2020 respectively, dated 24.03.2020.

Prayer in WP(MD). 5986 of 2020 :

Writ Petition 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. 1/4

Prayer in WP(MD). 6002 of 2020 :

Writ Petition 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. Prayer in WP(MD). 6017 of 2020 :

Writ Petition 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 Judgement of this Honourable Court in W.P.No. 4991 of 2015 dated 30.7.2019. Prayer in WP(MD). 6004 of 2020 :

Writ Petition 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. Prayer in WP(MD). 5999 of 2020 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court Directing the 1st respondent herein to regularize the Petitioners Service from her 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. Prayer in WP(MD). 6016 of 2020 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court Directing the 1st respondent herein to regularize the Petitioners Service from her 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. Prayer in WP(MD). 6013 of 2020 :

Writ Petition 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. 2/4

For Petitioner : Mr.G.Anto Prince (in all Contempt Petitions) For Respondent : Mrs.S.Srimathy (in all Contempt Petitions) Special Government Pleader ***** COMMON ORDER These contempt petitions are filed by the respective petitioners alleging wilful disobedience of the common order passed by the Writ Court in W.P.(MD)Nos.5984 of 2020, etc., batch, dated 24.03.2020.

2. The learned Special Government Pleader appearing for the respondent submitted that with regard to the issue involved in the batch of writ petitions, against which the present contempt petitions have been filed, in the writ petitions filed by the similarly placed other petitioners, the Government has preferred appeals in W.A.(MD)Nos.299, 300 of 2020, wherein, the Hon'ble Division Bench of this Court had granted an order of interim stay. With regard to the subject writ petitions also, the Government has preferred writ appeals, which are yet to be numbered.

3. It is further brought to the notice of this Court, by the learned Special Government Pleader, that in the common order passed by the Writ Court, which is the subject matter in these contempt petitions, reliance has been placed on a decision of this Court in W.P.No.4991 of 2015, dated 30.07.2019, in which also, the Government has filed a review petition and the same is pending.

4. When such being the situation and the issue is under consideration before a Hon'ble Division Bench of this Court, it would not be proper to keep the contempt petitions pending. Nevertheless, if the petitioners are granted liberty to work out their remedy subject to the outcome of the aforesaid writ appeals, the ends of justice would be secured.

5. In the light of the above, these contempt petitions are closed, with liberty to the petitioners to file fresh contempt petitions, subject to the outcome of the writ appeals preferred by the respondent.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 3/4

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

+7 CC to M/s.G.ANTO PRINCE, Advocate ( SR-1974 to 1980[F] dated 25/01/2021 ) +1 CC to M/s.GP ( SR-1880, 1879, 1887, 1878[F] dated 22/01/2021 ) Cont.P.(MD)Nos.1164, 1166, 1167, 1172, 1173, 1194 & 1200 of 2020 21.01.2021 sv2(CO) TR(12.02.2021) 4P 10C 4/4