Madras High CourtCONT P(MD)/247/2016disposed of

Helen Samraj v. Sabitha

2016-09-14Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA CONT.P(MD)No.247 of 2016 in M.P(MD)No.1 of 2015 in W.P(MD)No.15958 of 2015 Helen Samraj ... Petitioner/Petitioner/ Petitioner Vs.

1.Mrs.Sabitha, The Secretary, Department of School Education, Govt. of Tamil Nadu, Fort St. George, Chennai - 9.

2.Mr.Kannappan, The Director of School Education, College Road, DPI Campus, Chennai - 6.

3.Mr.Swaminathan, The Chief Educational Officer, Tirunelveli, Tirunelveli District.

4.Mr.Parthasarathy, The District Educational Officer, Tirunelveli, Tirunelveli District.

... Contemnors/Respondents 1 to 4/ Respondents 1 to 4 Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondents for willful disobedience of the order passed by this Court made in M.P(MD)No.1 of 2015 in W.P (MD)No.15958 of 2015, dated 17.12.2015.

Prayer in MP(MD). 1/ 2015 in WP(MD).15958/2015 : To direct the respondents 1 to 4 to grant interim

approval of the petitioner s appointment as B.T. Assistant (History) with effect from 20.07.2012 in the 5th respondent Minority Aided School without insisting him passing of TET and pay salary pending the disposal of the above Writ Petition. Prayer in WP(MD). 15958/ 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 in connection with the proceedings of the 4th respondent, District Educational Officer, Tirunelveli, bearing Ref. No.NA.KA.2927/a4/2014 dated 09.07.2014 and quash the same and further direct the respondents 1-4 to grant approval of the petitioner s appointment as B.T. Assistant (History) with effect from 20.07.2012 in the 5th respondent Minority Aided School in view of the judgment of the Honourable Supreme Court of India in W.P(C)No.1081 of 2013. For Petitioner : Mr.T.Pon Ramkumar For respondents : Mr.S.Kumar, Additional Government Pleader.

ORDER

This Court by the order dated 17.12.2015 issued a direction to the respondents 1 to 4 therein to pay salary to the petitioner from the date of appointment till the disposal of the writ petition and also directed to comply the said direction in six weeks from the date of receipt of the copy of the order. 2.Contending that there is non-compliance of the order and the conduct exhibited by the respondents amounted to willfull disobedience to the order passed by this Court, the present contempt petition has been filed.

3.The Learned Additional Government Pleader submitted that already the order passed in M.P(MD)No.1 of 2015 in W.P(MD)No.15952 of 2015, dated 17.12.2015, has been complied with. The said submission is recorded.

4.Nothing survives for adjudication as the compliance has been reported. Hence, the contempt petition is closed. Sd/- Assistant Registrar(Record) /True copy/ Sub Assistant Registrar

To 1.Mrs.Sabitha, The Secretary, Department of School Education, Govt. of Tamil Nadu, Fort St. George, Chennai - 9.

2.Mr.Kannappan, The Director of School Education, College Road, DPI Campus, Chennai - 6.

3.Mr.Swaminathan, The Chief Educational Officer, Tirunelveli, Tirunelveli District.

4.Mr.Parthasarathy, The District Educational Officer, Tirunelveli, Tirunelveli District.

+1 cc to The Special Government Pleader in SR.No. 52853/2016 smn CSL/EM-MPA/21.10.2016: 3p/6c ORDER MADE IN CONT.P(MD)No.247 of 2016 in M.P(MD)No.1 of 2015 in W.P(MD)No.15958 of 2015 14.09.2016