T.Chandrasekar, v. N.Muruganandam Ias,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in WP(MD) No.17859 of 2014 T.Chandrasekar ... Petitioner Vs 1.N.Muruganandam I.A.S., The Principal Secretary, Finance Department, Secretariat, Chennai-9.

2.Kakarla Usha, The Pricipal Secretary, School Education Department, Secretariat, Chennai-9.

...Contemnors/Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying this Court, to punish the Contemnor/Respondent for willfully disobeying and not complying with the order of this Court in W.P.(MD).No.17859 of 2014 dated 22.10.2021 and thus, render justice.

For Petitioner :Mr.A.Nawaz Khan For Respondents :Mr.S.Saji Bino Special Government Pleader 1/5

O R D E R

This contempt petition is filed that the order of this Court in W.P.(MD).No.17859 of 2014 dated 22.10.2021 has been violated by the respondents.

2.Today(20.12.2024), when this contempt petition is taken up for hearing, the learned Special Government Pleader appearing for the respondents submits that as against the order of this Court in W.P.(MD).No.17859 of 2014 dated 22.10.2021, the Department has preferred a writ appeal in WA(MD) No.317 of 2023 and the same was dismissed by the Honourable Division Bench of this Court, by its order dated 27.03.2023. Similarly placed person has moved a Special Leave Petition before the Honourable Supreme Court in SLP (Civil) Diary No.6536/2024, wherein, the Honourable Supreme Court permitted the Department to agitate the question of law in an appropriate case. Based on the order passed by the Honourable Supreme Court, the Department has filed a review application in Rev.AplC(MD) No.103 of 2024 before the 2/5

Honourable Division Bench of this Court and the same was entertained and an order of interim stay has been granted insofar as the contempt proceedings, by its order, dated 15.10.2024. The learned Special Government Pleader further submits that the review application is yet to be disposed of.

3.Considering the submission made by the learned Special Government Pleader that as against the order passed in a similar issue, a review application has been filed and the same was entertained by the Honourable Division Bench of this Court in Rev.AplC(MD) No.103 of 2024, wherein, an order of interim stay has also been granted, this Court is not inclined to pass any orders in this contempt petition. Accordingly, this contempt petition is closed, with liberty to this petitioner to work out his remedy, on the outcome of the review application, which is pending in Rev.AplC(MD) No. 103 of 2024.

20.12.2024 Index:Yes/No Internet:Yes/No vrn 3/5

To 1.N.Muruganandam I.A.S., The Principal Secretary, Finance Department, Secretariat, Chennai-9.

2.Kakarla Usha, The Pricipal Secretary, School Education Department, Secretariat, Chennai-9.

4/5

B.PUGALENDHI, J.

vrn Order made in in WP(MD) No.17859 of 2014 20.12.2024 5/5