Tensingh Rajendran Wesley v. Pradeep Yadav

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Fourteenth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN in Cont.P(MD)No.1396 of 2016 Tensingh Rajendran Wesley ... Petitioner/Petitioner/Petitioner Vs 1.Pradeep Yadav, IAS, The Secretary to Government, School Education Department, State of Tamilnadu Secretariat St. Fort George, Chennai 9.

2.R.Ilangovan, The Director of School Education, DPI Campus, College Road, Chennai-6.

3.Christy, The District Educational Officer, Thoothukudi.

... Respondents/Condemners/Respondents 1 to 3 Prayer in Sub A(MD)No.127 of 2018 :- Sub Application filed under Section 11 of the Contempt of Courts Act, to reopen the contempt petition in Cont.Pet.No.1396 of 2016.

Prayer in Cont.P(MD)No.1396 of 2016:- Contempt Petition filed under Section 11 of Contempt of Courts Act, praying to punish the respondents herein for willfully and deliberately committing contempt of court by disobeying the order of this Court passed in WP (MD)No.1075 of 2014, dated 15.03.2016.

Prayer in WP(MD)No.1075 of 2014 :- 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 impunged government order passed by the 1s respondent in G.O.Ms.No.11, dated 16.7.2013 and the consequent impugned order passed by the 3rd respondent in his proceedings in 1/3

Na.Ka.No.00417/A3/2013 dated 29.10.2013 and quash the same and consequent direction may issue to the respondents 1 to 3 to approve the petitioners appointment as Watchman in 4th respondent school from the date of the appointment and pay the benefits within stiupulated time as may be fixed by this Hon'ble Court. ORDER:- This Sub Application Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.A.Ebenezer, Advocate for the Petitioner and of Mr.S.Sajibino, Special Government Pleader for the Respondents, this Court made the following order:- This application is filed to reopen the contempt petition in Cont.P.(MD) No.1396 of 2016.

2.When the contempt petition was taken up for hearing, it was reported by the learned Government Advocate appearing for the respondents that the order of this Court has been complied with. Recording the said submission, this Court closed the contempt petition on 10.11.2017. However, the order was passed giving approval only from 16.07.2013 and by that order, the petitioner is losing his salary from the period of his appointment ie., on 22.07.2008 to the date of passing the Government Order. Therefore, the present application.

3.When the matter is taken up for hearing today, learned Special Government Pleader appearing for the respondents submitted that the order of this Court has been complied with and the proceeding of the Chief Educational Officer, Tuticorin in Na.Ka.No.6593/Aa3/2018 dated 13.06.2022 is produced. 4.Learned counsel for the petitioner concedes that the order of this Court has been complied with.

5.In such circumstances, this Court finds that it is not necessary to reopen the contempt petition for further hearing and in this view of the matter, this Sub Application is dismissed as not necessary.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

Note :

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TO 1.Pradeep Yadav, IAS, The Secretary to Government, School Education Department, State of Tamilnadu Secretariat St. Fort George, Chennai 9.

2.R.Ilangovan, The Director of School Education, DPI Campus, College Road, Chennai-6.

3.Christy, The District Educational Officer, Thoothukudi.

ORDER DATED : 14/06/2022 ==========================

ORDER

========================== in Cont.P(MD)No.1396 of 2016 Giving direction and etc.

as stated within.

SS(21/06/2022) 3P 4C 3/3