A.Christy Nathiya v. Natarajan

Cont.P.(MD)No.1431 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN Cont.P.(MD)No.1431 of 2018 A.Christy Nathiya Secondary Grade Teacher, R.C.Primary School, Barbarammalpuram, Ramakrishnapuram Post, Munanjipatti Via, Tirunelveli District 627 355 ... Petitioner/Petitioner/Petitioner Vs.

Natarajan, District Educational Officer, Valliyoor, Tirunelveli District.

(Previously called as District Elementary Educational Officer, Tirunelveli.) ... Contemnor/3rd Respondent/3rd Respondent PRAYER: Petition is filed under Section 11 of Contempt of Courts Act, for the willful disobedience of the order dated 27.06.2017 in Rev.Appl.(MD)No.32 of 2017 in W.P.(MD)No.17931 of 2016 passed by this Court.

Prayer in WP(MD). 17931/ 2016 :

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 relating to the impugned proceedings issued by the 4th respondent Additional Assistant Elementary Educational Officer vide A.Thi.Moo.No.1235/A4/2016 dated 29.07.2016, quash the same and further direct the respondents herein to approve the appointment of petitioner as Secondary Grade Teacher in the 5th respondent School w.e.f.06.06.2016 and disburse grant in aid towards salary and other attendant benefits.

For Petitioner : Mr.A.Ajith Geethan For Respondents : Mr.N.Shanmuga Selvam, AGP

O R D E R

This Contempt Petition is filed alleging willful disobedience of the order dated 27.06.2017 passed in in Rev.Appl.(MD)No.32 of 2017 in W.P.(MD)No.17931 of 2016 by this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD)No.1431 of 2018 2.The learned counsel appearing for the respondents submitted that as against the order of this Court dated 27.06.2017, a writ appeal has been filed in W.A.(MD) No.236 of 2018, which is pending consideration.

3.In case the writ appeal is dismissed or the order of the learned Single Judge is modified, on both grounds, the contempt proceedings will lie only before the Division Bench and not before the Single Judge. If the writ appeal is allowed, then the writ petitioner may not get any relief. If any order is passed in the writ appeal, either confirming or modifying as stated supra, the remedy available to the petitioner is to file a Contempt in the Writ Appeal and not in the Writ Petition, unless and until the Apex Court specifically directs the High Court to decide the issue. Taking note of the principle laid down in Kunhayammed case reported in 2000 (6) SCC 359 and K.K.Dineshan case reported in 2014 16 SCC 88, the relief sought for by the petitioner cannot be granted and the Contempt Petition is closed. It is open to the petitioner to work out his remedy depending upon the result in the Writ Appeal. Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar To Mr.Natarajan, District Educational Officer, Valliyoor, Tirunelveli District.

+1 CC to M/s.GP ( SR-85860[F] dated 09/09/2019 ) Cont.P.(MD)No.1431 of 2018 nbj JM/09.10.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2