K.Manonmani v. Pradeep Yadav
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2020 CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU in WP(MD)No.513 OF 2012 1)K.Manonmani 2)P.Ramkumar 3)Lakshuram ... Petitioners/Petitioners vs.
1)Mr.Pradeep Yadav, The Secretary to Government, Finance (Pension) Department, TheGovernment of Tamilnadu, Fort St.George, Chennai-9.
2)Mr.Karuppasamy, The Director of Elementary Education, College Road, Chennai-6.
3)Mr.Chandrasekar, The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.
4)Mr.S.P.Shanmuga Sundarapandiayan, The Assistant Elementary Educational Officer, Vasudevanallur, Tirunelveli District.
... Contemnors/ Respondents Petition filed under Section 11 of the Contempt of Courts Act, to issue notice of contempt to the contemnors /respondents herein and punish the respondents for willful disobedience of the order dated 26.03.2003 in W.P.(MD)No.513 of 2012.
Prayer in WP(MD). 513/ 2012 :
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 of the 3rd respondent herein in Mu.Mu.No.7173/A1/09 dated 05.10.2009 and quash the proceedings of the third respondent herein in so far it relates to the approval of the Appointment of the petitioner herein w.e.f. 26.05.2005 as Secondary Grade Teacher and consequently direct the respondents herein to approve the appointment of the petitioner herein as Secondary Grade Teacher w.e.f. 02.06.2003 and pay salary from 02.06.2003 to 25.05.2005 with all attendant benefits and privileges.
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For Petitioner : Mr.T.Pon Ramkumar For Respondents : Mrs.S.Srimathy Special Government Pleader
ORDER
Alleging non compliance of the order dated 26.03.2003 made in W.P.(MD)No.513 of 2012, the present contempt petition has been filed.
2.The above writ petition was filed to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent herein in Mu.Mu.No.7173/A1/09 dated 05.10.2009 and quash the proceedings of the third respondent herein in so far it relates to the approval of the appointment of the petitioner w.e.f. 26.05.2005 as Secondary Grade Teacher and consequently direct the respondents to approve the appointment of the petitioner herein as Secondary Grade Teacher w.e.f. 02.06.2003 and pay salary from 02.06.2003 to 25.05.2005 with all attendant benefits and privileges.
3.This Court by order dated 26.03.2013, directed the respondents to approve the appointment of the petitioner as Secondary Grade Teacher with effect from 02.06.2003 and pay salary from 02.06.2003 to 25.05.2005 with all attendant benefits within eight weeks. Alleging non compliance of the order, the contempt petition has been filed.
3.Today, when the contempt petition was taken up for hearing, learned counsel for the petitioner would state that though approval of the petitioner's appointment was granted, monetary benefits is yet to be settled.
4.The monetary benefits is consequential and if it is not given in the near future, the petitioner is at liberty to open the contempt petition. Granting such liberty, the contempt petition is closed.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
bala To 1)Mr.Pradeep Yadav, The Secretary to Government, Finance (Pension) Department, Government of Tamilnadu, Fort St.George, Chennai-9.
2)Mr.Karuppasamy, The Director of Elementary Education, College Road, Chennai-6.
3)Mr.Chandrasekar, The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.
4)Mr.S.P.Shanmuga Sundarapandiayan, The Assistant Elementary Educational Officer, Vasudevanallur, Tirunelveli District.
+1 CC to M/s.SPL.GP ( SR-309[F] dated 06/01/2020 ) ORDER MADE IN CONT.P(MD)No.1099 of 2018 DATED : 03.01.2020 KM/(21.01.2020) 3P 6C 3/3