Tmt.P.Senthamarai v. Mr.P.Ganesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Contempt Petition(MD) No.1584 of 2016 in Writ Petition(MD)No.21720 of 2015 and Sub. Application(MD)No.112 of 2016 P.Senthamarai ... Petitioner/Petitioner Vs.

1.P.Ganesh 2.Asha Rani Executive Officer, Keeranur Selection Grade Panchayat, Keeranur, Pudukottai 622 502.

... Contemnors/Respondents Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971 to call the contemnors for having willfully and wantonly disobeyed the order passed in W.P.(MD)No.21720 of 2015 dated 04.12.2015 and punish them in accordance with law. Prayer in WP(MD). 21720/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to quash the Memo in Roc. 175/2015 dated 26.11.2015 issued by the 2nd respondent to the petitioner and consequently direct the 2nd respondent to appoint the petitioner for the single permanent post of Office Assistant/ Peon cum Sweeper in the 2nd respondent office as per the directions given by this Honble Court in W.P. (MD) NO. 19354 of 2015 dated 27.10.2015 since she is Working temporarily I the same office for more than 12 years as sweeper and pass such other orders and thus render justice. Prayer in SUB A(MD). 112/ 2016 :

To issue directions for payment of compensation for non continuance as a temporary sweeper from 2015 in spite of the directions given by this Honourable Court. Since I am jobless destitute widow and thus render justice.

For Petitioner : Mr.M.S.Suresh Kumar For 1st Respondent : Mr.A.Muthukaruppan Additional Government Pleader For 2nd Respondent : Mr.M.Rajarajan https://hcservices.ecourts.gov.in/hcservices/

ORDER

Alleging the violation of the order passed by this Court in W.P.(MD)No.21720 of 2015 dated 04.12.2015, this Contempt Petition is filed.

2.Admittedly, the petitioner was working as Sweeper in the second respondent Town Panchayat and she challenged the appointment of the third respondent in the writ petition. This Court dismissed the writ petition with the following direction:- "7.The learned counsel for the petitioner states that the petitioner has been working as a temporary Sweeper for the past 12 years. She is denied work for the past one month, since she has been agitating for the regular employment. It is made clear that if any one of the petitioner's juniors is continued in employment, the 2nd respondent cannot deny employment to the petitioner. The petitioner shall be continued as a temporary sweeper if any one of her juniors is continued."

3.Mr.M.Rajarajan, learned counsel appearing for the respondent Town Panchayat would submit that the second respondent Town Panchayat has handed over the work to the Keeranur Om Sakthi Women Self Help Group and the petitioner was original member of the said Self Help Group. Now, she was removed from the said Group on 23.11.2015.

4.The learned counsel would further submit that the second respondent is not giving any employment to the juniors of the petitioner, as per order of this Court.

5.In the light of the said submission, this contempt petition is closed with liberty to the petitioner to work out her remedy in a manner known to law. No costs. Consequently, connected Sub Application is also closed.

Sd/- Assistant Registrar(RECORD) /True Copy/ Sub Assistant Registrar TO 1.Mr.P.Ganesh, District Collector, Pudukottai District, Pudukottai.

2.Asha Rani Executive Officer, Keeranur Selection Grade Panchayat, Keeranur, Pudukottai 622 502.

+1cc to Mr.M.S.SURESH KUMAR Advocate in SR. No. 84077 SKN JS/GT/SAR.1/15.11.2017/2P-4C Contempt Petition(MD) No.1584 of 2016 in Writ Petition(MD)No.21720 of 2015 and Sub. Application(MD)No.112 of 2016 27.10.2017 https://hcservices.ecourts.gov.in/hcservices/