Madras High CourtSUB A(MD)/170/2019rejected

C.Ambujam v. Raman

2019-08-27Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR Sub Application (MD) No.170 of 2019 in CONT.P.(MD)No.SR 59892 of 2019 C.Ambujam ... Petitioner/Petitioner -Vs1.Raman, The Chief Educational Officer, Nagercoil, Kanyakumari District.

2.Perumalsamy, The District Educational Officer, Kuzhithurai - 629 163, Kanyakumari District.

... Respondents Prayer: Sub Application Petition filed under Section 151 of the Civil Procedure Code, to accept the cause title in contempt petition.

Prayer in CONT.P.(MD)No.SR 59892 of 2019 :

Contempt Petition is filed under Section 11 of the Contempt of Courts Act, Pleased to initiate contempt proceedings against the Contemnors / Respondents 3 & 4 for the wilful disobedience of the order of the Honourable High Court in WP(MD).No.14016 of 2018, dated 02.07.2018.

Prayer in WP(MD). 14016/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 4th respondent District Educational officer in A.Thi.Mu.No.932/A2/2017 dated 28.07.2017, quash the same and further Direct the 3rd and 4th respondents to approve forthwith the appointment of C.Ambujam as BT Assistant in History in the Petitioner's school w.e.f. the date of her appointment on 01.06.2015 with all attendant benefits including the arrears of salary and allowance.

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For Petitioner : Mr.S.Sivakumar For Respondent : Mrs.S.Srimathy, Spl.G.P.

ORDER

This Sub Application has been filed to accept the cause title in contempt petition in Cont. P.(MD) No.SR 59892 of 2019. 2.The cause title in the writ petition in W.P.(MD) No.14016 of 2018 shows that the petitioner in that writ petition is the Correspondent, St. Ephrem's M.S.C.Higher Secondary School, Kanyakumari District Vs. The State of Tamil Nadu rep. by its Secretary, Department of School Education, Fort St. George, Chennai - 600 009.

3.The writ petition was filed by the Institution seeking approval of appointment of one individual C.Ambujam, who filed this present contempt application, as a beneficiary. Since the said beneficiary is not a party in the said writ petition, she can make a request to the Correspondent of the Institution, who was the petitioner in the writ petition to trigger this contempt petition for the alleged disobedience, if there is a real disobedience of the order of this Court, found by the writ petitioner and in that view of the matter, this sub application is rejected. Consequently, Cont. P.(MD) No.59892 of 2019 is also rejected. Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Chief Educational Officer, Nagercoil, Kanyakumari District.

2.The District Educational Officer, Kuzhithurai - 629 163, Kanyakumari District.

Order made in Sub Application (MD) No.170 of 2019 in CONT.P.(MD)No.SR 59892 of 2019 27.08.2019 arul JM/17.09.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/