Madras High CourtCONT P(MD)/1263/2020closed

Govt.Diploma Medical Lab Technical Association, v. B.Balaji

2021-03-08Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2021 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU in WMP(MD).No.2691 of 2020 in WP(MD).N0.3152 of 2020 Government Diploma Medical Lab Technician Association Represented by its State General Secretary P.U.Shajahan ... Petitioner/Petitioner/Petitioner vs.

1.Dr.B.Balaji Dean Stanley Medical College Chennai 600 001 2.Prof.Dr.J.Sangumani Dean Government Rajaji Hospital Madurai 3.Dr.E.Theranirajan Dean Rajiv Gandhi General Hospital Chennai 600 003 ... Contemnors 1 to 3/Respondents 5 to 7 /Respondents 5 to 7 Prayer : Petition filed under Section 11 of the Contempt of Courts Act, 1971, to issue summon to the contemnor 1 to 3/ respondents 5 to 7 and punish them for their wanton willful disobedience of the order passed by this Court in W.M.P(MD).No.2691 of 2020 in W.P(MD).No.3152 of 2020 dated 10.03.2020.

Prayer in WMP(MD). 2691/ 2020 :

To stay the operation of the impugned orders passed by the 5th respondent in Ref.no.749/E5/2020 dated 13.1.2020 the 6th respondent in Sa.Mu.Order no.3519/Ne.4/1/2019 dated 28.1.2020 and 7th respondent in R.Dis./017516/E3/1/2019 dated 30.1.2020 pending disposal.

Prayer in WP(MD). 3152/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records in connection with the impugned orders passed by the 5th respondent in Ref.no.749/E5/2020 dated 13.1.2020 the 6th respondent in Sa.Mu.Order no.3519/Ne.4/1/2019 dated 28.1.2020 and 7th respondent in 1/3

R.Dis./017516/E3/1/2019 dated 30.1.2020 quash the same as illegal and consequently directing the respondents 1 to 7 to promote the eligible Lab Technician Grade Ii on completion of their qualifying service of 10 years in the respondent Department as Lab Technician Grade I, in any one of the 524 available vacancies by following State wide institution seniority as per G.O.Ms.no.22, Health and Family Welfare Dept dated 29.1.2010 instead of District wide institution seniority and confer all monetary benefits to them notionally with effect from the date of their eligibility for promotion.

For Petitioner : Mr.S.Bharathy Kannan For Respondents : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

This Contempt Petition is filed to punish the respondents for wilful and deliberate disobedience of the order passed by this Court in in W.M.P(MD).No.2691 of 2020 in W.P(MD).No.3152 of 2020 dated 10.03.2020.

2. When the contempt petition came up for hearing, learned counsel for the petitioner would state that the order made in W.M.P (MD).No.2691 of 2020 in W.P(MD).No.3152 of 2020 dated 10.03.2020, is complied with.

3.Recording the above submission, this Contempt petition is closed.

Sd/- Assistant Registrar (records) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.Dean Stanley Medical College Chennai 600 001 2/3

2.Dean Government Rajaji Hospital Madurai 3.Dean Rajiv Gandhi General Hospital Chennai 600 003 +1 CC to M/s.SPL GP ( SR-9676[F] dated 09/03/2021 ) +1 CC to M/s.S.BHARATHI, Advocate ( SR-9891[F] dated 10/03/2021 ) 17.03.2021 VR(CO) KB(29.03.2021) 3P 6C 3/3