The Secretary v. Thiru. Kudalingam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2019

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU in Writ Petition(MD)No.1234 of 2014 The Secretary Rajapalayam Raju's College, Rajapalayam - 626 117, Virudhunagar District.

... Petitioner/Petitioner Vs.

Thiru Kudalingam The Joint Director of Collegiate Education, Madurai Region, Madurai - 625 620.

... Contemnor/2nd Respondent Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971 to punish the respondent herein for his deliberate and wilful disobedience of the order of this Court dated 24.02.2015 in W.P(MD)No.1234 of 2014.

Prayer in WP(MD). 1234/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF MANDAMUS or any other appropriaet writ, order or direction in the nature of writ, directing the 2nd respondent Joint Director to give approval forthwith to the seven Non-teaching staffs appointed in the petitioner's college (Name List annexed) and disburse the grant in aid towards their salaries and allowances w.e.f.their respective dates of appointments with all attendant benefits. For Petitioner : Mr.K.Ragatheeshkumar for Mr.Isaac Chambers For Respondent : Mr.K.Chellapandian Additional Advocate General assisted by Mr.N.Shanmugaselvam Additional Government Pleader 1/3

O R D E R

This contempt petition is filed complaining that the order passed by this Court dated 24.02.2015 in W.P(MD)No.1234 of 2014 has not been complied with.

2.After several hearings, the matter was taken up on 14.08.2019. On which date, the learned Additional Advocate General appeared for the respondent/contemnor and requested to grant time to report full compliance, as a final chance. Accordingly, this Court adjourned the matter to 22.08.2019 for reporting full compliance. Again, the matter was adjourned on two occasions and finally listed today for reporting compliance.

3.The learned Additional Advocate General appearing for the respondent/contemnor represented that the order passed in the writ petition is complied with by issuing proceedings dated 28.08.2019, wherein and whereby, the approval of the appointment of the nonteaching staffs has been granted. He has produced a copy of the said order as well.

4.The learned counsel for the petitioner submitted that though the said order is issued, consequential payment of monetary benefits cannot be delayed any further.

5.Considering the fact that the respondent herein has chosen to comply with the order of this Court after a period of nearly 41⁄2 years, this Court is of the view that there cannot be any further delay in disbursing the monetary benefits to the non-teaching staffs concerned, for whom, the approval is granted through the present proceedings dated 28.08.2019. Accordingly, this contempt petition is closed with the direction to the respondent/contemnor to disburse the monetary benefits to the non-teaching staffs referred to in the approval order dated 28.08.2019 within a period of four weeks from today. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) 2/3

To Thiru Kudalingam The Joint Director of Collegiate Education, Madurai Region, Madurai - 625 620 +1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-84391[F] dated 30/08/2019 in Writ Petition(MD)No.1234 of 2014 29.08.2019 skn JMN(13.09.2019) 3P : 3C 3/3