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Madras High CourtCONT P(MD)/1590/2019closed

A.Elango Xavier Jothi v. Pradeep Yadhav

2021-02-04Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Cont.P. (MD)No.1590 of 2019 and Sub.A.(MD).No.45 of 2020 1.A.Elango Xavier Jothi 2.S.Arockiasamy

...Petitioner/Petitioners

Vs.

1.Dr.Pradeep Yadhav, The Secretary to the State of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai 600 009.

2.Jothi Venkatesh, The Director of Collegiate Education, College Road, Chennai 600 006.

3.Usha, The Joint Director of Collegiate Education, Tiruchirapalli Region, Tiruchirapalli 620 020.

... Contemnors/Respondents Prayer : Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents/contemnors for their wilful and deliberate disobedience of the order of this Court, dated 26.02.2019 in W.P.(MD).No.21165 of 2015.

Prayer in WP(MD). 21165/ 2015 :

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 3rd respondent Joint Director of Collegiate Education in A.Thi.Mu.No. 4744/2015/Aa1 dated 6.8.2015, quash the same, and further direct the 3rd respondent to approve forthwith the promotions given to the Petitioners herein as Typist and Junior Assistant in the 4th respondent college viz., A. Elango Xavier Jothi and S. Arockiasamy respectively and to disburse the grant-in-aid towards their salaries w.e.f the date of promotion ie., 02.02.2015 and 06.04.2015 with all attendant benefits. 1/3

For Petitioners : Mr.H.Thayumanasamy For Respondents : Mr.M.Muthugeethayan Special Government Pleader

O R D E R

Alleging disobedience of the order of this Court in W.P.(MD). No.21165 of 2015, dated 26.02.2019, the petitioner has filed the present contempt petition.

2. The learned Special Government Pleader appearing for the respondents would submit that this Court, by order dated 26.02.2019, disposed the W.P.(MD).No.21165 of 2015, following the decision of this Court in W.P.(MD).No.12783 of 2017. As against the order passed in W.P.(MD).No.12783 of 2017, dated 19.12.2018, the State has preferred a writ appeal in W.A.(MD).No.9 of 2020, wherein, the Division Bench of this Court has granted interim stay. He would further submit that the respondents have also preferred an appeal in W.A.(MD).No.213 of 2020 and the Division Bench of this Court has posted this appeal along with W.A.(MD).No.9 of 2020.

3. In view of the above, the Contempt Petition is closed. Consequently, the connected Sub Application is also closed. Sd/- Assistant Registrar (RTI) // True Copy // / /2021 Sub Assistant Registrar(CS) Akv Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.Dr.Pradeep Yadhav, The Secretary to the State of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai 600 009.

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2.Jothi Venkatesh, The Director of Collegiate Education, College Road, Chennai 600 006.

3.Usha, The Joint Director of Collegiate Education, Tiruchirapalli Region, Tiruchirapalli 620 020.

+1 CC to Spl GP ( SR-3500[F] dated 05/02/2021 ) Cont.P. (MD)No.1590 of 2019 and Sub.A.(MD).No.45 of 2020 04.02.2021 VB (15.02.2021) 3P 5C 3/3