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Madras High CourtCONT P(MD)/1233/2018closed

P.Vijayaraghavan, v. Mr.P.Kuppusamy

2019-07-10Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR CONT.P.(MD)No.1233 of 2018 in W.P.(MD)No.16762 of 2018 P.Vijayaraghavan ... Petitioner -Vs1.P.Kuppusamy The Joint Director of School Education (Personnel), EVK Sampath Maaligai, DPI Campus, College Road, Nungampakkam, Chennai-600 006.

2.R.Vanaja The Chief Educational Officer, O/o., The Chief Educational Officer, Sarva Siksha Abiyan, Pudukkottai.

... Respondents Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents under the provision of Contempt of Courts Act 1971 for wilful and deliberate disobedience of the order passed by this Court in W.P(MD).No.16762 of 2018 and W.M.P(MD).No.14838 of 2018 dated 30.07.2018.

Prayer in WMP(MD). 14838/ 2018 :

To direct the respondents to allow the petitioner to work continuously as Block Resource Teacher Educator in the Block Resource Centre, Pudukottai till the end of the academic year i.e. from 01.08.2018 to 31.05.2019 pending disposal of this writ petition.

Prayer in WP(MD). 16762/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the second respondent dated 16.07.2018 and quash the same and consequently direct the respondents to provide re-employment / extension of service till the end of the academic year i.e. from 01.08.2018 to 31.05.2019 with all consequential benefits and allow the petitioner to work continuously as Block Resource Teacher Educator in the Block Resource Centre, Pudukottai. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.S.Srimathy Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

This contempt petition has been filed for the alleged disobedience of the order of this Court dated 30.07.2018 made in W.P(MD).No.16762 of 2018 and W.M.P(MD).No.14838 of 2018. 2.Today when the contempt petition is taken up for hearing, the learned Special Government Pleader appearing for the respondents submitted that, the order of this Court has been appealed in W.A.No.1633 of 2018, where the Division Bench of this Court, by an order dated 08.01.2019, granted an interim order of stay of the operation of the order in question, until further orders. 3.I have perused the said order passed by the Division Bench of this Court. Since the order made in W.P(MD).No.16762 of 2018 and W.M.P(MD).No.14838 of 2018 has been stayed by the Division Bench of this Court, this contempt petition, which has been filed for the alleged disobedience or non compliance on the part of the respondents, cannot be maintained. Therefore, this Contempt Petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Joint Director of School Education (Personnel), EVK Sampath Maaligai, DPI Campus, College Road, Nungampakkam, Chennai-600 006.

2.The Chief Educational Officer, O/o., The Chief Educational Officer, Sarva Siksha Abiyan, Pudukkottai.

+1 CC to Mr.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-74692[F] dated 11/07/2019 ) +1 CC to SPL GP ( SR-74889[F] dated 11/07/2019 ) CONT.P.(MD)No.1233 of 2018 in W.P.(MD)No.16762 of 2018 10.07.2019 rmk MK (09.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/