← Library
Madras High CourtCONT P(MD)/1645/2019dismissed

R.Ramalakshmi, Computer Assistant, v. Thiru.A.Siva Gnanam, I.A.S.,

2019-11-15Honourable Ms.Justice V.M.Velumani2 pages

Cont P(MD)No.1645 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Cont P(MD)No.1645 of 2019 R.Ramalakshmi ... Petitioner/Petitioner Vs.

A.Siva Gnanam I.A.S., Ditrict Collector, Virudhunagar District, Virudhunagar.

... Contemnor/3rd Respondent Prayer: Contempt Petition is filed under 11 of the Contempt of Courts Act, 1971,to punish the respondent for his willful disobedience in non-compliance of the order of this Honourable High Court made in W.P(MD)No.11860/2018 dated 27.03.2019. Prayer in WP(MD). 11860/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus to call for the records on the file of the 1st respondent in connection to the impugned clause 7 of G.O.Ms.No.37, Rural Development and Panchayat Raj (E5) Department, dated 22.03.2017 and quash the same as illegal and discriminatory in so far as the petitioner case is concerned and consequently direct the Respondents to absorb the petitioner to the post of Junior Assistant by providing exemption from writing special qualifying Test scheduled to be conducted by Tamil Nadu Public Service Commission by extending the benefit of G.O.Ms.No.52, Rural Development (E5) Department, dated 20.03.1998 and fix the seniority from the date of her appointment as Computer Assistant within the time limit.

For Petitioner : Mr.B.Mohamed Idrish For Respondent : Mr.VR.Shanmuganathan, Special Government Pleader

ORDER

Alleging non-compliance of the order, dated 27.03.2019, passed in W.P.(MD)No.11860 of 2018, this contempt petition is filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont P(MD)No.1645 of 2019 2.This Court, by order dated 27.03.2019 in W.P(MD)No.11860 of 2018 at Paragraph 5, has held as follows:- "5. In the light of the aforementioned communication and the averments made in the counter affidavit filed by the third respondent, this Court is of the opinion that the grievance of the petitioners have been met with and Clause 7 of G.O.Ms.No.37, 22.03.2017 has no force. Hence, it is open to the respondent authorities to implement G.O.Ms.No.37 Rural Development and Panchayat Raj (E5) Department, dated 22.03.2017 and take appropriate action to fill up all the vacancies as expeditiously as possible, in all other aspects."

3.In view of the same, no contempt arises. Hence, the contempt petition is dismissed.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) am To A.Siva Gnanam I.A.S., Ditrict Collector, Virudhunagar District, Virudhunagar.

+1 CC to M/s.GP ( SR-99031[F] dated 18/11/2019 ) Cont P(MD)No.1645 of 2019 15.11.2019 JMN(12.12.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2