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Madras High CourtCONT P(MD)/137/2016closed

A.Sreekumaran Thambi v. Shri.Naresh,

2016-02-16Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.02.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Cont.P(MD)No.137 of 2016 A.Sreekumaran Thambi ... Petitioner/Petitioner Vs.

Shri. Naresh, The Joint Director of School Education, (Secondary Education) and Appellate Officer, College Road, Chennai -6. ... Respondent/2nd Respondent Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent herein for his deliberate and willful disobedience of the order of this Hon'ble Court dated 07.07.2011 in W.P(MD)No.1592 of 2006.

Prayer in WP(MD). 1592/ 2006 :

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the order passed by the first respondent in Na.Ka.No. 119485/G7/04 dated 25/02/2005, pursuant to the order passed by the second respondent in the proceedings in Na.Ka.No. 112116/G 7/03 dated 15/03/2004, quashing both the orders as incompetent and consequently direct the fifth respondent to reinstate the petitioner with back wages and continuity of service For Petitioner : M/s.S.Xavier Rajini For Respondents : Mr.V.Muruganandham, Additional Government Pleader

ORDER

The Contempt Petition has been filed to punish the respondent for the willful disobedience of the order of this Court, dated 07.07.2011 made in W.P(MD)No.1592 of 2006.

2. In the order, dated 07.07.2011, this Court had remitted the matter back to the appellate authority to decide the appeal on merits and a further direction was given to the appellate authority to take into consideration the fact of dismissal of reference by the labour Court.

3. In pursuance to the said order, the second respondent Joint Director of School Education, Chennai, following the order passed in W.P.No.4478/74, wherein a Division of this Court has held that there is no appeal provision with respect to minority institutions, confirmed the order, dated 12.10.2012 passed by the Director of School Education. https://hcservices.ecourts.gov.in/hcservices/

4. As the direction given by this Court on 07.07.2011 in W.P(MD)No.1592 of 2006 has been complied with, there is no contempt made out. Accordingly, this Contempt Petition is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To Shri. Naresh, The Joint Director of School Education, (Secondary Education) and Appellate Officer, College Road, Chennai - 6.

+ 1 CC TO M/S.XAVIER RAJINI, ADVOCATE IN SR NO. 9317 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 9422 PM TE/MPA/ : 24/02/2016 : 2P/4C Cont.P(MD)No.137 of 2016 16.02.2016 https://hcservices.ecourts.gov.in/hcservices/