Madras High CourtSUB A(MD)/108/2022allowed

Sandeep Saxena, I.A.S., v. T. Bharathkumar,

2022-09-23Honourable Mrs Justice S.Srimathy2 pages

SUB A(MD) No.108 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Third day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice S.SRIMATHY SUB A(MD) No.108 of 2022 IN CONT P(MD) No.749 of 2022 SANDEEP SAXENA, I.A.S., PRINCIPAL SECRETARY TO GOVERNMENT FORMERLY PUBLIC WORKS DEPARTMENT NOW PUBLIC WORKS DEPARTMENT (WRD) SECRETARIAT, CHENNAI - 600 009.

... PETITIONER/1ST CONTEMNOR Vs 1 T.BHARATHKUMAR ... 1ST RESPONDENT/PETITIONER 2 K.RAMAMOORTHY, B.E., CHIEF ENGINEER (GENERAL) CUM ENGINEER IN CHIEF, WATER RESOURCE ORGANIZATION, PUBLIC WORKS DEPARTMENT, CHEPAUK, CHENNAI - 600 005.

3 M.KRISHNAN, B.E., CHIEF ENGINEER (REGIONAL), WATER RESOURCE ORGANIZATION, PUBLIC WORKS DEPARTMENT, MADURAI.

... 2ND & 3RD RESPONDENTS/2ND & 3RD CONTEMNORS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to dispense with the personal appearance of the Ist Contemnor/Ist Respondent, on 23.09.2022, as directed by this Honourable Court as directed by order dated 26.08.2022 in Contempt Petition (MD). No. 749 of 2022 in W.P (MD). No. 1417 of 2017.

Prayer in CONT P(MD). 749/ 2022 :

To punish the contemnors / respondents for their willful and deliberate disobedience to the orders of this Honourable Court in W.P. (MD) No. 1417 of 2017 dated 25.10.2021.

Prayer in WP(MD). 1417/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, to call for the records of the first respondent i.e., the Principal Secretary to Government, Public Works Department, Chennai, relating https://www.mhc.tn.gov.in/judis 1/2

SUB A(MD) No.108 of 2022 to Government Letter No.10204/C2/2016-4 dated 19.09.2016, and to quash the same and consequently, to direct the first respondent to regularize the service of the petitioner on par with the 222 persons got their services regularized in G.O.Ms.No.202 Public Works Department, dated 01.08.2012, who have completed ten years of service subsequent to the petitioner, within a specified time frame that may be fixed by the Court.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.VEERA KATHIRAVAN, Additional Advocate General Assisted by M/s.D.Farjana Ghoushia, SPL.GOVT.PLEADER for the petitioner, the court made the following order:- The reasons stated in the Sub Application is accepted. This application is allowed.

Dispensed with for the presence of the 1st Respondent. sd/- 23/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 SANDEEP SAXENA, I.A.S., PRINCIPAL SECRETARY TO GOVERNMENT FORMERLY PUBLIC WORKS DEPARTMENT NOW PUBLIC WORKS DEPARTMENT (WRD) SECRETARIAT, CHENNAI - 600 009.

2 K.RAMAMOORTHY, B.E., CHIEF ENGINEER (GENERAL) CUM ENGINEER IN CHIEF, WATER RESOURCE ORGANIZATION, PUBLIC WORKS DEPARTMENT, CHEPAUK, CHENNAI - 600 005.

3 M.KRISHNAN, B.E., CHIEF ENGINEER (REGIONAL), WATER RESOURCE ORGANIZATION, PUBLIC WORKS DEPARTMENT, MADURAI.

ORDER IN SUB A(MD) No.108 of 2022 IN CONT P(MD) No.749 of 2022 Date :23/09/2022 ksa RS/SBN/SAR.1 (26.09.2022) 2P-4C https://www.mhc.tn.gov.in/judis 2/2