T.Benila v. K.S.Meena
CONT.P.(MD)No.1797 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH CONT.P.(MD)No.1797 of 2019 in W.P.(MD)No.22670 of 2019 Dr.T.Benila, W/o.Goldwin Seelan, Assistant Professor of Physics, Sivanthi Aditanar College, Pillaiyarpuram, Manikkatti Pottal Post - 629 501, Kanyakumari District.
...Petitioner / Petitioner
/vs./ Dr.K.S.Meena, Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli-8.
...Contemnor/4th Respondent PRAYER: Petition filed under Section 11 of the Contempt of Court Act, to punish the respondent herein for her willful disobedience of the order of this Court in W.P.(MD)No.22670 of 2019 dated 25.10.2019 Prayer in WP(MD). 22670/ 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court directing the 4th respondent to countersign the teaching experience certificate of the petitioner dt.16/10/2019 issued by the Sivanthi Aditanar College, Pillaiyarpuram, Kanyakumari District.
For Petitioner : Mr.R.Subramanian For Respondent : Mr.R.Sethuraman Special Government Pleader
ORDER
By an order dated 25.10.2019, this Court had directed the fourth respondent / respondent herein to countersign the Teaching Experience Certificate produced by the petitioner dated 16.10.2019 by 25.10.2019 itself. The order clearly states that the said Teaching Experience Certificate dated 16.10.2019 was produced by the petitioner. Alleging non-compliance of the order of this Court, the present Contempt Petition has been filed.
2. Today, when the matter was taken up, learned Additional Government Pleader would submit that pursuant to the order of this Court dated 25.10.2019, the respondents had sought for details from the College, in which the petitioner had served and on receipt of https://hcservices.ecourts.gov.in/hcservices/ 1/2
CONT.P.(MD)No.1797 of 2019 the Teaching Experience Certificate in the required format from the College for the period commencing from 01.06.2006 to 18.10.2019, the certificate was countersigned. A copy of the said certificate has been handed over to the petitioner today (24.01.2020).
3. The learned counsel for the petitioner on the other hand would submit that the Teaching Experience Certificate for which counter signature was sought for does not pertain to the period referred to in the present certificate and that she had already produced such Teaching Experience Certificate in three formats for the period commencing from 01.06.2006 to 16.10.2019 and some of the periods inbetween have been omitted in the present certificate, which has been countersigned and handed over today.
4. In my view, such omission of inclusion of certain period may not amount to disobedience, which could be termed as willful, since the order of this Court dated 25.10.2019 does not spell out the period for which the Teaching Experience Certificate was required to be countersigned by the respondents. Nevertheless, if the petitioner is of the view that she is entitled for obtaining counter signatures in the Teaching Experience Certificate for such period, which has been omitted to be countersigned in the copy of Teaching Experience Certificate that has been handed over today (24.01.2020), it is always open to her to challenge the same in accordance with law.
5. With the above liberty, this Contempt Petition stands closed, since disobedience alleged does not seem to be willful in nature.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) sm To Dr.K.S.Meena, Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli-8.
+1 CC to Mr.R.SUBRAMANIAN, Advocate ( SR-3087[F] dated 27/01/2020 ) Order made in CONT.P.(MD)No.1797 of 2019 in W.P.(MD)No.22670 of 2019 24.01.2020 VB(06.02.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2