Madras High CourtCONT P(MD)/1499/2019closed

R.Emerson Udaisingh v. A.Gnana Gowri

2022-02-24Honourable Mr Justice S.M. Subramaniam2 pages

Cont. P. (MD) No.1499 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Cont. P.(MD) No.1499 of 2019 in W.P.(MD) No.5401 of 2019 R. Emerson Udaisingh ... Petitioner/Petitioner Vs.

1. Tmt. A. Gnana Gowri The Chief Educational Officer Tuticorin - 628 002 Tuticorin District

2. Tmt. E. Vasantha The District Educational Officer Tuticorin at Pudukottai Tuticorin District ...Contemnors/Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent herein for her willful and deliberate disobedience of the order of this Court dated 07.03.2019 in WP(MD)No.5401 of 2019.

Prayer in WP(MD). 5401/ 2019 :

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 O.Mu.No. 6681/ Aa1/2018 dated 25.02.2019 QUASH THE SAME and further DIRECT the 3rd and 4th respondents to approve forthwith the appointment of Tmt.B.Antony Mercy Maria Hemi as BT Assistant(Science) in the petitioner school w.e.f., the date of her appointment viz., 02.07.2018, with all attendant benefits including the arrears of salary and allowance. For Petitioner : Mr. Muthuvel, for Isaac Chambers.

For Respondents : Mr. V. Vairam Santhosh Additional Government Pleader

O R D E R

The learned Additional Government Pleader appearing for the respondents made a submission that the state preferred an appeal against the order passed in the writ petition. However, the said writ appeal was dismissed by the Hon'ble Division Bench of this Court. The State by raising certain grounds filed a review petition in C.M.P(MD)No.777 of 2022 and the same is pending. 2.Under these circumstances, keeping the contempt petition for an indefinite period will serve no purpose and therefore, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont. P. (MD) No.1499 of 2019 contempt petition stands closed. However, the petitioner is at liberty to restore the contempt petition after the dismissal of the review petition by the Hon'ble Division Bench of this Court. Hence, this Contempt Petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) NS To 1.The Chief Educational Officer Tuticorin - 628 002 Tuticorin District 2.The District Educational Officer Tuticorin at Pudukottai Tuticorin District +1 CC to M/s.SPL GP ( SR-8678[F] dated 25/02/2022 ) +1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-8797[F] dated 25/02/2022 ) Cont. P. (MD) No.1499 of 2019 in W.P. (MD) No.5401 of 2019 24.02.2022 NA(CO) KB(10.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2