D.Jagatheesh, v. D.Uma
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty Eighth day of January Two Thousand and Twenty Two PRESENT The Hon'ble Dr.Justice ANITA SUMANTH CONT P(MD). No.1829 of 2021 in WP(MD)No.3926 of 2019 D.Jagatheesh, S/o Duraipandian 76/8th Ward Krishnavathiyar Street Kamayagoundanpatti Uthamapalayam Tk.
Theni District ... Petitioner/Petitioner Vs 1 D.Uma The Secretary Teachers Recruitment Board 4th Floor EVK Sampath Maligai DPI Compound College Road Chennai-600006.
2 C.Selvaraj, The Joint Director of Kallar Reclamation O/o. the Joint Director of Kallar Reclamation Madurai-20.
...Contemnors/ Respondents 2 &4 Prayer in Cont P(MD)No.1829 of 2021 :- This Petition filed Under Section 11 of the Contempt of Court Act 1971,toinitiate contempt proceedings against the Contemnor/ Respondent and punish him for the willful disobedience of the order of the Honorable High Court in W.P.(MD). No. 3926 of 2019 dated 09.03.2021 and thus render justice.
Prayer in WP(MD).No.3926 of 2019 :- This Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to appoint the petitioner in the post of Secondary Grade Teacher in any of the existing vacancy in Kallar Reclamation School in view of the Selection list issued by the respondent No.2 dated 17.10.2014 with all consequential benefits within the time period stipulated by this court.
ORDER:- This Contempt 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 M/s.Aswin Rajasimman for M/s.T.Lajapathi Roy, Advocate for the Petitioner and of M/s.AL.Kannan for Mr.V.R.Shanmuganathan,Standing Counsel For R1 and Mr.D.Sadiq Raja ,Addtional Govt Pleader For R2, this Court made the following order:
Order of this Court dated 10.01.2022 reads as follows: "Mr.A.L.Kannan, learned counsel appearing for the first respondent would submit that the Teachers Recruitment Board is in the process of forwarding the proposal to the Joint Director of Kallar Reclamation / R2 for appropriate appointment order to be passed by R2. 2.Mr.D.Sadiq Raja, learned Additional Government Pleader has filed a memo indicating the time frame required by the authority for completion of the process. The memo reads as follows:
Action to be taken report 11.01.2022 Mr.P.Loganath, Asst., KR Office send to Chennai to mget the Folder.
12.01.2022 Receiving the folder from concerned authority (Commissioner, MBC & DNC Dept.,) in Chennai.
13.01.2022 Returning back with folder to Madurai and sending the call letter to the candidates for Certificate verification (on 25.01.2022) 25.01.2022 Certificate verification to be held at JD (KR) Office, Madurai.
27.01.2022 Issuing Appointment Order.
3. Recording the above, the Contempt Petition is closed. List 'for compliance' on 28.01.2022.
2. The order captures the sequence of dates and events put forth by the respondents, despite which, lame explanations are given today as to why there is no compliance with the above time schedule. This is not appreciated and cost of a sum of Rs.10,000/- (Rupees Ten Thousand only) is imposed upon the respondents for non-adherence to the time frames put forth by them, payable to the petitioner.
3. List this matter on 03.02.2022, for production of appointment order along with proof of remittance of cost. Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai Copy to:
The Section Officer, Contempt Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 28/01/2022 ==========================
ORDER
========================== CONT P(MD). No.1829 of 2021 IN WP(MD).NO.3926 OF 2019 Giving direction and etc.
as stated within.
MGJ(02.02.2022) 3P 3C