Madras High CourtCONT P(MD)/1480/2019closed

R.Boopathi v. Rameshwaramurugan

2021-03-18Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI in Writ Petition (MD).No.1764 of 2010 and Sub.A(MD).314/2019 R.Boopathi .. Petitioner/Petitioner Vs.

1.Rameshwaramurugan, The Director of School Education, College Road, Chennai-600 006.

2.Boopathy, The Chief Educational Officer, Tirunelveli, Tirunelveli District.

3.Sudalai, The District Educational Officer, Cheranmahadevi at Tirunelveli, Tirunelveli District.

.. Contemnors/Respondents Contempt Petition is filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondent/contemnor for willfully disobeying the order passed by this Court in W.P.(MD).No.1764 of 2010 dated 11.11.2014.

Prayer in WP(MD). 1764/ 2010 :

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 3rd respondent District Educational Officer in O.Mu.No.5721/A3/08, dated 17-08-2009, and to QUASH THE SAME and further DIRECT the 3rd respondent District Educational Officer to approve forthwith the appointment of R.Boobathi as Pre-Vocational Instructor (Sewing) in the petitioner-school w.e.f., 03-10-2008, and sanction and disburse the grant-in-aid towards her salary, allowances and other attendant benefits w.e.f., the said date.

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For Petitioner : Mr.A.Amala For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

When the matter is taken up for hearing, the learned Special Government Pleader would submit that the issue in respect of the approval of the appointment of the petitioner was allowed in favour of the petitioner in the above said writ petition and against the said order, the State preferred a writ appeal and the same was dismissed as against which they filed SLP before the Hon'ble Supreme Court and the same was posted as SLP.Diary.30266/2019 arising out of the same issue in the case of State of Tamilnadu and others vs. A.Joy Jebamalar and another, and considering the anomaly, the Hon'ble Apex Court has granted interim stay in one case of the above SLP. She further submitted that though in one case, the Hon'ble Apex Court has granted interim stay and several other cases filed in similar nature are dismissed. In the present case, the State preferred a review application before the Hon'ble Division Bench in Rev.Appl.(MD). SR.164/2018 and the same is pending.

2. In view of the same, this contempt petition is closed. Consequently, connected Sub.A(MD).No.314 of 2019 is closed. However, liberty is granted to the contempt petitioner to review the contempt petition after the disposal of the above said SLP and review application in Rev.Appl.(MD).SR.164/2018. Sd/- Assistant Registrar () // 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.

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To 1.Rameshwaramurugan, The Director of School Education, College Road, Chennai-600 006.

2.Boopathy, The Chief Educational Officer, Tirunelveli, Tirunelveli District.

3.Sudalai, The District Educational Officer, Cheranmahadevi at Tirunelveli, Tirunelveli District.

+1 CC to M/s.A.AMALA, Advocate ( SR-12203[F] dated 18/03/2021 ) +1 CC to M/s.SPL GP ( SR-12533,12536[F] dated 19/03/2021 ) Cont.P.(MD).No.1480 of 2019 18.03.2021 VB (06/05/2021) 3P / 6C 3/3