Madras High CourtCONT P(MD)/80/2016disposed of

V.Franklin Jebasingh v. Nathan R.Moses

2016-09-15Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.09.2016 Coram THE HON'BLE DR.JUSTICE S.VIMALA Cont P(MD)No.80 of 2016 V.Franklin Jebasingh .. Petitioner/Petitioner Vs.

1.Nathan R.Moses Correspondent, Schafter Higher Secondary School, Tirunelveli.

2.D.Sabitha I.A.S., The Secretary to Government, Education Department, State of Tamil Nadu, Secretariat, Fort St.George, Madras.

3.S.Kannappan The Director of School Education, College road, Chennai.

4.Niraimathi The District Educational Officer, Tirunelveli.

(RR - 2 to 4 impleaded vide order dated 14.03.2016 in Sub A(MD)No.17/16) .. Respondents/Respondents Contempt Petition filed under Section 11 of Contempt of Court Act, 1971 praying to punish the respondent herein under the Contempt of Courts Act for violating and willful disobedience of the order of this Court dated 28.09.2015 passed in WP.(MD). No.12231/2014.

Prayer in WP(MD). 12231/ 2014 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay the arrears of salary to the petitioner to the post of Office Assistant in the 4th respondent school with effect from 03.06.2009 by passing appropriate order on the representation submitted by the petitioner dated 07.06.2014 with consequential attendant benefits arrears of salary with interest, within a time frame to be fixed by this Honourable Court.

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For Petitioner :

Mr.P.Santhoshkumar For Respondents :

Mr.M.Alagadevan Special Government Pleader

ORDER

This Court by the order dated 28.09.2015 issued a direction to the fourth respondent to pay the arrears of salary to the petitioner with effect from 03.06.2009 within a period of eight weeks from the date of receipt of a copy of this order. 2.Contending that the conduct exhibited i.e., non compliance of the order by the respondents, amounted to wilfull disobedience to the order passed by the Court, the present Contempt Petition has been filed.

3.Learned Special Government Pleader appearing for the respondents submitted that as directed by this Court, arrears of salary has already been paid to the petitioner. 4.Nothing survives for adjudication, as the compliance has been reported. Hence, the contempt petition is closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar mj To, 1.D.Sabitha I.A.S., The Secretary to Government, Education Department, State of Tamil Nadu, Secretariat, Fort St.George, Madras.

2.S.Kannappan, The Director of School Education, College road, Chennai.

3.Niraimathi, The District Educational Officer, Tirunelveli.

+1CC to Mr.S.Meenakshi Sundaram, Advocate Sr.No.52669 +1CC to Spl.Government Pleader Sr.No.52408 GJM/AAL-MPA/7.10.16-2p-6c Cont P(MD)No.80 of 2016 15.09.2016 https://hcservices.ecourts.gov.in/hcservices/