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Madras High CourtCONT P(MD)/1394/2016closed

Samuel v. Ms. Sabitha Ias

2017-10-26Honourable Mr Justice K. Kalyanasundaram4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Cont.P(MD)Nos.1394, 1395, 1397, 1398 and 1399 of 2016 Cont.P(MD)No.1394 of 2016 Samuel ... Petitioner -vs1.Ms.Sabitha, IAS, The Secretary to Government, Education Department, Secretariat, Fort St. George, 2.Dr.Kannappan, The Director of School Education, College Road, Chennai-600 006.

3.Mr.Chinna Rasu, The District Educational Officer, Kovilpatt, Thoothukudi.

... Respondents Cont.P(MD)No.1395/2016;- G.Baskar ... Petitioner in Cont.P(MD). 1395/ 2016 - Vs. - 1.Ms. Sabitha I.A.S., The Secretary to Government, Education Department, Secretariat, Fort St. George, Chennai-600 009.

2.Dr.Kannappan, The Director, The Directorate of School Education, D.P.I.Campus, Chennai-600 006.

3.Mr.Jeyaraj The District Educational Officer, Cheranmahadevi, at Tirunelveli. ... Respondents in Cont.P(MD).No.1395/ 2016

Cont.P(MD)Nos.1397, 1398 and 1399/2016 Appollo ... Petitioner in Cont.P(MD). 1397/ 2016 Mercy Jasmine ... Petitioner in Cont.P(MD). 1398/2016 S.Amutharaj Ponniah ... Petitioner in Cont.P(MD). 1399/2016 - Vs - 1.Ms. Sabitha, I.A.S., The Secretary to Government, Education Department, Secretariat, Fort Saint George, 2.Dr.Kannappan , The Director of School Education, College Road, Chennai-600 006 ... Respondents 1 & 2 in Cont.P(MD)Nos.1397 to 1399/2016 3.Mrs.P.Chenthurkani ...3rd Respondent in Cont.P(MD). 1397/ 2016 and 1398/2016 4.Mr.Chinna Rasu ...3rd Respondent in Cont.P(MD).1399/2016 PRAYER: Petition filed under Section 11 of Contempt of Courts Act, praying to punish the respondents herein for willfully and deliberately committing contempt of Court by disobeying the order of this Hon'ble Court passed in W.P.No.12469 of 2012, dated 15.03.2016, WP(MD)No.1228/13 dated 15/03/2016, WP(MD)No.12085/14 dated 15/3/2016 , WP(MD)No.17578/14 dated 15/3/2016 and WP(MD) No.21716/15 dated 15/3/2016 respectively.

Prayer in WP(MD). 12469/ 2012 :

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 return of request for the approval of the petitioner's appointment in the post of Watchman in 4th Respondent School in his proceedings in O.Mu.No. 2813/A4/2006, dated 15.05.2006 on the file of the 3rd respondent and quash the same.

Prayer in WP(MD). 1228/ 2013 :

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 pertaining to the

order passed by the 3rd Respondent in his Proceeding in A. Thi.Mu.911/A4/12 dated 29.02.2012 and quash the same and consequently direct the respondents to approve the appointment of the petitioner as Office Assistant of the 4th Respondent school from 02.09.2010 and too pay the salary along with the arrear with stipulated time that may be fixed by this Court. Prayer in WP(MD). 12085/ 2014 :

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 order passed by the 3rd respondent in his proceedings in Na.Ka.No. 1851/A3/14 dated 13.05.2014 and quash the same and consequently direct the respondents to approve petitioner s appointment as Waterman in 4th respondent school and to pay the service benefits within stipulated time.

Prayer in WP(MD). 17578/ 2014 :

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 order passed by the 3rd responden tin his Proceedings in Na.Ka. No. 5659/A3/14 dated 25.09.2014 and quash the same and consequently direct the respondents to approve the petitioner s appointment as Junior Assistant in 4th respondent school from the date of the Petitioner s appointment and to pay all the service an dmonetary benefits within stipulated time.

Prayer in WP(MD). 21716/ 2015 :

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 order passed by the 3rd respondent in his proceedings in O.Mu.No.5570/A3/2012, dated 8.3.2014 and quash the same and consequently direct the respondents to approve the petitioners appointment as Record Clerk in 4th respondent school from the date of the petitioners appointment on 24.9.2012 and to pay all the service and monetary benefits within stipulated time. For Petitioner :

Mr.T.A.Ebenezer For Respondents :

Mr.C.Selvaraj Spl.Govt. Pleader C O M M O N O R D E R These contempt Petitions have been filed to punish the respondents for their willful and wanton disobedience and noncompliance of the orders, dated 15.03.2016 made in W.P(MD) Nos.12469/2012, W.P.(MD)No.1228 of 2013, W.P(MD)No.12085 of 2014, W.P(MD)No.17578 of 2014 and W.P(MD)No.21716 of 2015.

2.The learned Special Government Pleader appearing for the respondents would submit that the orders passed by this Court in W.P(MD)Nos.12469/2012, W.P.(MD)No.1228 of 2013, W.P(MD)No.12085 of 2014, W.P(MD)No.17578 of 2014 and W.P(MD)No.21716 of 2015, dated 15.03.2016 have been complied with.

3. Recording the said submission, these Contempt Petitions are closed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.Ms.Sabitha, IAS, The Secretary to Government, Education Department, Secretariat, Fort St. George, 2.Dr.Kannappan, The Director of School Education, College Road, Chennai-600 006.

3.Mr.Chinna Rasu, The District Educational Officer, Kovilpatt, Thoothukudi.

+One cc to The Special Government Pleader, SR.No.83963 am RL/5C/3P/KP/SAR1/9/11/2017 Cont.P(MD)Nos.1394, 1395, 1397, 1398 and 1399 of 2016 26.10.2017