Madras High CourtCONT P(MD)/462/2018closed

The Secretary v. K.Kudalingam

2021-03-31Honourable Mrs Justice J. Nisha Banu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.03.2021 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU The Secretary, Fatima College (Autonomous) Mary Land, Madurai-625 018.

... Petitioner in all the cases vs.

1)K.Kudalingam The Joint Director of Collegiate Education, No.268, Palam Station Road, Sellur, Madurai-625 002.

2)Mr.Ponmuthuvel, The Joint Director of Collegiate Education, Madurai Region, Madurai.

3)Mr.Poornachandran, The Director of Collegiate Education, College Road, Chennai-600 006.

(The names of the contemnors 2 and 3 have been amended suo motu by order dated 24.02.2021) ... Respondents in all the cases Prayer in all the cases : Petitions filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for their deliberate and wilful disobedience of the Common Order of this Court dated 19.08.2016 in Writ Petition(MD)Nos.17916, 17920, 17921 and 17922 of 2015 and 2093 of 2016 amounting to Contempt of Court under Article 215 of the Constitution of India read with Section 11 of the Contempt of Courts Act 1971. Prayer in WP(MD)No.17916/2015:

further Direct the 3rd respondent Joint Director to approve forthwith the appointment of L. Shanthi as Lab Assistant in the petitioner's college and disburse the grant-in-aid towards her salary and allowances w.e.f. the date of her appointment viz., 17.06.2013.

Prayer in WP(MD)No.17920/2015:

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 proceeding issued by 3rd respondent Joint Director in Aa.Thi. Mu.No. 8327/c1/2015 dated 24.08.2015, Quash the same, and further Direct the 3rd respondent Joint Director to approve forthwith the appointment of P.Jeya as Lab Assistant in the petitioner's college and disburse the grant-in-aid towards her salary and allowances w.e.f. the date of her appointment viz., 16.06.2014.

Prayer in WP(MD)No.17921/2015:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari Mandamus calling for the records relating to the impugned proceeding issued by 3rd respondent Joint Director in Aa. Thi. Mu. No. 8326/c4/2015 dated 11.08.2015, Quash the same, and further Direct the 3rd respondent Joint Director to approve forthwith the appointment of S.Emelda Daisy as Record Clerk in the petitioner's college and disburse the grant-in-aid towards her salary and allowances w.e.f. the date of her appointment viz., 16.06.2014.

Prayer in WP(MD)No.17922/2015:

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 proceeding issued by 3rd respondent Joint Director in Aa.Thi. Mu.No. 8321/c1/2015 dated 11.08.2015, Quash the same, and further Direct the 3rd respondent Joint Director to approve forthwith the appointment of K. Jeyabalaji as Lab Assistant in the petitioner's college and disburse the grant-in-aid towards her salary and allowances w.e.f. the date of her appointment viz., 17.06.2013.

Prayer in WP(MD)No.2093/2016:

same, and further Direct the 3rd respondent Joint Director to approve forthwith the appointment of 21 non-teaching staff (Name List annexed) in the petitioners college and disburse the grantin-aid towards their salary and allowances w.e.f. the date of their appointment.

For Petitioner : Ms.A.Amala for M/s.Isaac Chambers (in all cases) For Respondents : Mrs.S.Srimathy, Special Government Pleader (in all cases) COMMON ORDER Alleging non compliance of the common order dated 19.08.2016 in Writ Petition(MD)Nos.17916, 17920, 17921 and 17922 of 2015 and 2093 of 2016, these contempt petitions have been filed. 2.Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the contemnors would state that the common order passed by this Court is complied with. 3.The learned counsel for the petitioner would state that though the order of this Court is complied with, further consequential order has to be passed.

4.The learned Special Government Pleader appearing for the contemnors would state that now the order of this Court is complied with and passing of consequential order is automatic. 5.Recording the above submission made by the learned Special Government Pleader, these contempt petitions are closed with a direction to the contemnors to pass consequential order within a period of four weeks from the date of receipt of a copy of this order. If the consequential order is not passed by the contemnors within the above stipulated time, the petitioner is at liberty to re-open the contempt petitions. The presence of the contemnors is dispensed with.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) bala 3/4

To 1)K.Kudalingam The Joint Director of Collegiate Education, No.268, Palam Station Road, Sellur, Madurai-625 002.

2)Mr.Ponmuthuvel, The Joint Director of Collegiate Education, Madurai Region, Madurai.

3)Mr.Poornachandran, The Director of Collegiate Education, College Road, Chennai-600 006.

+1 CC to M/s.SPL GP ( SR-15020[F] dated 01/04/2021 ) +1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-15075[F] dated 01/04/2021 ) COMMON ORDER MADE IN DATED : 31.03.2021 KUN(CO) TR(05.05.2021) 4P 6C 4/4