A.Dravida Rani, v. Mr.Pradeep Yadav, Ias

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2023

CORAM

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN A.Dravida Rani .. Petitioner Vs.

1.Mr.Pradeep Yadav, IAS, The Principal Secretary to Government, School Education (G2) Department, Chennai.

2.Dr.A.Karuppasamy, The Director of Elementary Education, College Road, Chennai.

3.Mr.M.Kabeer, The District Elementary Education Officer, Collectorate, Karur District, Karur.

4.Kumutha, The Additional / Assistant Elementary Education Officer, Krishnarayapuram, Karur District.

.. Respondents

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for deliberate and willful disobedience of the order passed by this Hon'ble Court in W.A.(MD)No.382 of 2015, dated 11.08.2017.

For Petitioner : Mr.D.Kirubakaran For Respondents : Mr.D.Sasikumar, Additional Govt. Pleader

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The order passed in the batch of Writ Appeals was to extend the entire length of service rendered by the petitioner as Secondary Grade Teacher as well as Headmaster for the purpose of awarding selection grade as well as special grade in the post of primary school Headmaster.

2. Complaining of non-compliance, the present Contempt Petition has been filed.

3. Today, when the matter was called, the learned Additional Government Pleader submitted that the order of the Writ Court has not been

complied with on the ground that even if the benefits of the selection grade is awarded, the pay scale of the petitioner would be the same as that off the last drawn salary and therefore, the consequential pensionary benefits would not be applicable. In this background, the respondents have not extended the benefit to the petitioner. We find that the entire claim has been made only for the purpose getting higher pension benefits and thus, even if the benefits of selection grade is awarded and does not make any difference in the last drawn pay scale, the extension of the selection grade even if awarded, would be a futile exercise. As such, the petitioner also cannot be have any grievance for non-compliance.

4. In this background, the Contempt Petition stands closed. In case, the petitioner is of the view that the inaction on the part of the respondents requires to be challenged, liberty is hereby granted to her to workout the remedy in accordance with law.

(M.S.R.,J.) (G.R.S.,J.) 18.08.2023 NCC : Yes / No Index : Yes / No vsm

M.S.RAMESH, J.

and G.R.SWAMINATHAN, J.

vsm To 1.The Principal Secretary to Government, School Education (G2) Department, Chennai.

2.The Director of Elementary Education, College Road, Chennai.

3.The District Elementary Education Officer, Collectorate, Karur District, Karur.

4.The Additional / Assistant Elementary Education Officer, Krishnarayapuram, Karur District.

18.08.2023