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Madras High CourtCONT P(MD)/381/2016closed

D.Vijila, v. Dr.R.Pandian,

2017-10-11Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM CONT.P(MD)No.381 of 2016 in M.P.(MD)No.2 of 2015 in W.P(MD)No.23320 of 2015 D.Vijila, Assistant Professor (English), Sarah Tucker College (Autonomous), Tirunelveli-627 007, Tirunelveli District.

..Petitioner / petitioner Vs.

Dr.R.Pandian, The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli.

..Contemnor/2nd respondent Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act praying this Court to punish the respondent herein for his deliberate and wilful disobedience of the order of this Court dated 22.12.2015 in M.P(MD)No.2 of 2015 in Writ Petition (MD)No.23320 of 2015.

Prayer in MP(MD)No.2/2015 in WP(MD)No.23320/2015:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an Ad Interim Orders directing the 2nd respondent Joint Director to provisionally approve forthwith the appointment of petitioner as Assistant Professor (English) in the 4th respondent college namely, Sarah Tucker College (Autonomous), Tirunelveli, and disburse the grant-in-aid towards her salary and allowances w.e.f. the date of appointment viz., 18.03.2014, within a reasonable time.

Prayer in WP(MD). 23320/ 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 impugned proceeding issued by the 2nd respondent Joint Director in A.Thi.Mu.No.10076/Aa3/2015 dated 14.09.2015, quash the same in so far as the petitioner is concerned, and further direct the 2nd respondent Joint Director to approve forthwith the appointment of https://hcservices.ecourts.gov.in/hcservices/

the petitioner as Assistant Professor (English) in the 4th respondent College namely Sarah Tucker College(Autonomous), Tirunelveli and disburse the grant-in-aid towards her salary and allowances w.e.f. the date of her appointment viz., 18/03/2014. For Petitioner : Mr.T.Cibi Chakraborthy For contemnor : Mr.C.Selvaraj Special Government Pleader

ORDER

This Contempt Petition is filed to punish the respondent herein for his deliberate and wilful disobedience of the order of this Court dated 22.12.2015 in M.P(MD)No.2 of 2015 in Writ Petition (MD)No.23320 of 2015.

2. The learned counsel for the petitioner would fairly submit that as per the order of this Court in M.P(MD)No.2 of 2015 in Writ Petition (MD)No.23320 of 2015, dated 22.12.2015, the respondent has approved the appointment of the petitioner and also disbursed the salary.

3. The learned counsel for the petitioner would further submit that the respondent did not give any increment in the salary.

4. In view of the submission made by the learned counsel for the petitioner, this contempt petition is closed giving liberty to the petitioner to work out the remedy in the manner known to law.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar +One cc to The Special Government Pleader, SR.No.82617 +One cc to M/s.T.Cibi Chakraborthy, Advocate, SR.No.82501 sm RL/3C/2P/KP/SAR1/1/11/2017 CONT.P(MD)No.381 of 2016 in M.P.(MD)No.2 of 2015 in W.P(MD)No.23320 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 11/10/2017 ( 1/6)