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Madras High CourtCONT P(MD)/2008/2018closed

R.Venkatachalam, v. Mr.Pradeep Yadav, Ias

2023-08-18Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice G.R.Swaminathan4 pages

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 R.Venkatachalam .. 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.381 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 for the purpose of awarding selection grade, the petitioner ought to have completed 10 years of service in the post of Secondary Grade Teacher as well as Headmaster. Since the petitioner has completed only 8 years 11 months and 23 days, by taking into such service, he would not be entitled for the benefit and accordingly, they have rejected his claim, through the proceedings of the Block Educational Officer, Karur dated 06.01.2023. When the petitioner has not completed 10 years of service for the purpose of receiving selection grade, the rejection order cannot be found fault with and the same would not amount to disobedience of the writ Court's order. If at all the petitioner is aggrieved, it is always open to him to challenge the same in accordance with law.

4. With the above liberty, the Contempt Petition stands closed. (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