S.Velayuthaperumal v. Thiru Pradeep Yadav

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Velayuthaperumal ... Petitioner/Writ Petitioner versus

1. Thiru Pradeep Yadav, I.A.S., Secretary to Government, Education, Science and Technology, H.S.II Department, Fort St. George, Madras - 9

2. Dr.R.Elangovan, Director of School Education, College Road, Madras - 6.

3. Tmt. Bala, The Chief Educational Officer, Kanyakumari District, Nagercoil.

... Respondents/Respondents 1 to 3 Prayer:Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondents for committing Contempt of Court, by their willful deliberate and disobedience of the order passed by this Court dated 01.08.2013 made in W.P.(MD)No.12175 of 2009 and the same was confirmed by the Division Bench by order dated 26.04.2017 made in W.A.(MD)No.1233 of 2013. Prayer in WP(MD). 12175/ 2009 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, to direct the respondents herein to regularize the services of the petitioner as Vocational Instructor with effect from the date of first appointment and fix the time scale of pay of the petitioner on par with the similarly placedpersons regularized in G.O.Ms.NO. 35 school Education (VE) department dated 09/02/2007 with effect from initial date of appointment besides pay all the arrears withint a short date that may be fixed by this Honourable Court with all consequential service benefits such as due placement in the seniority on the basis of length of service and all other allowances attached to the posts. 1/3

Prayer in WA(MD). 1233/ 2013 :

Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 01.08.2013 made in WP(MD)No.12175 of 2009. For Petitioner : Mr.M.Saravana Kumar For Respondents : Mrs.S.Srimathy, Special Government Pleader

ORDER

The petitioner filed W.P.(MD)No.12175 of 2009 before this Court, seeking to regularise his services as Vocational Instructor with effect from the date of his first appointment. This Court, vide order 01.08.2013, issued a direction to the 3rd respondent to send the petitioner for short term training courses of the concerned District Institute of Educational Training, within a period of three months from the date of receipt of a copy of the order and regularise the services of the petitioner as Full time Vocational Instructor in terms of G.O.Ms.No.834, Education Department, dated 23.09.1994.

2. In compliance with the order, the first respondent sent the petitioner for training and thereafter, his services were regularized and salary was fixed, vide order dated 23.09.2020. Hence, the contempt petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy 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. Pradeep Yadav, I.A.S., Secretary to Government, Education, Science and Technology, H.S.II Department, Fort St. George, Madras - 9 2/3

2. Dr.R.Elangovan, Director of School Education, College Road, Madras - 6.

3. Bala, The Chief Educational Officer, Kanyakumari District, Nagercoil.

+1 CC to Mr.M.SARAVANA KUMAR, Advocate ( SR-2899[F] dated 02/02/2021 ) 01.02.2021 KM (12.02.2021) 3P 5C 3/3