K.Karthikeyan v. J.Radhakrishnan Ias
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Karthikeyan ... Petitioner/Petitioner vs..
1. Mr.J.Radhakrishnan IAS., Secretary to the Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.
2. Dr T.S.Selvavinayagam, The Director of Public Health and Preventive Medicine, No.359, Anna Salai, DMS Complex, Teynampet, Chennai - 600 006.
3. Dr A.Chandranathan, M.D., The Director of Medical and Rural Health Services, Anna Salai, DMS Complex, Teynamet, Chennai - 600 006.
4. Dr. Chandrakumar, M.S., The Project Director, Tamil Nadu Stated Blindness Control Society, Government Eye Hospital, Egmore, Chennai - 600 008 ... Contemnors/Respondents PRAYER: Petition filed under under Section 11 of the Contempt of Court Act, 1971, to punish him for the willful disobedience of the order of this Court in W.P.(MD)No.17494 of 2014, dated 09.10.2020. Prayer in WP(MD). 17494/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order in Letter No. 34467/C2/2013-14 dated 23.09.2014 on the file of the Respondent No.1 and quash the same as illegal and consequently for a direction, directing the Respondent No.1 to re-designate the Post of the Petitioner as Ophthalmic Officer and provide promotion to the petitioner in the post of District Programme Officer by considering 1/3
the proposal vide R. No. 124875/PHC-7/A1/2009 dated 15.12.2010 sent by the Respondent No.2 within the time period stipulated by this Honourable Court.
For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.Sachi Kumar Additional Government Pleader
O R D E R
This Writ Petition is filed to quash the impugned order, dated 23.09.2014 and consequently for direction, directing the respondent No.1 to re-designate the post of the petitioner as Ophthalmic Officer and provide promotion to the post of District Programme Officer.
2. This Court vide order dated 09.10.2020 has passed an order that the petitioners and other aggrieved persons had approached the Pay Grievance Redressal Committee and the said Committee has recommended the claim of the writ petitioner vide order Letter dated 28.08.2020. Therefore this Court directed the Government to consider the recommendation and take a decision and pass orders as expeditiously as possible on merits and in accordance with law.
3. Since the same was not considered by the Government the petitioner has filed this contempt petition. Today, when the contempt was taken up for hearing, it is reported that the government has rejected the claim of the petitioner vide order dated 23.09.2014. Since the Government has passed an order, there is no contempt. The petitioner is at liberty to challenge the order, dated 23.09.2014.
4. Hence, the Contempt Petition is closed. No costs. Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) jbr 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.
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To
1. Mr.J.Radhakrishnan IAS., Secretary to the Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.
2. Dr T.S.Selvavinayagam, The Director of Public Health and Preventive Medicine, No.359, Anna Salai, DMS Complex, Teynampet, Chennai - 600 006.
3. Dr A.Chandranathan, M.D., The Director of Medical and Rural Health Services, Anna Salai, DMS Complex, Teynamet, Chennai - 600 006.
4. Dr. Chandrakumar, M.S., The Project Director, Tamil Nadu Stated Blindness Control Society, Government Eye Hospital, Egmore, Chennai - 600 008.
+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-39085[F] dated 16/12/2021 ) +1 CC to M/s.SPL GP ( SR-39054[F] dated 16/12/2021 ) 15.12.2021 MGJ(30.12.2021) 3P 7C 3/3