A.Esther v. T.Sabeetha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CONT.P.(MD) No.833 of 2016 in W.A.(MD) No.194 of 2016 A.Esther ... Petitioner/Respondent -vs1. Tmt.T.Sabeetha, The Secretary to the State of Tamil Nadu, Department of School Education, Fort St. George, Chennai-600 009.

2. Thiru.Dr.Elangovan, The Director of Elementary Education, College Road, Chennai-600 006.

3. Tmt.I.Vasantha, The District Elementary Educational Officer, T.R. Naidu Street, Tuticorin, Tuticorin District.

4. Thiru. K. Pandarasamy, The Assistant Elementary Educational Officer, Pudukottai Range, Tuticorin, Tuticorin District.

... Contemnors/ Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for their deliberate and willful disobedience of the order of this Court, dated 05.02.2016 in Writ Appeal (MD)No.194 of 2016. Prayer in WA(MD). 194/ 2016 :

Appeal filed under Clause 15 of the Letter patent, against the order madein M.P.(MD)No.1 of 2015 in W.P.(MD)NO.23517 of 2015, dated 04.01.2016.

Prayer in MP(MD). 1/ 2015 in WP(MD).23517/2015 : Petition presented to grant an AD INTERIM ORDERS directing the 3rd respondent District Elementary Educational Officer to provisional approve forthwith the appointment of the

petitioner as Secondary Grade Teacher in the 5th respondent school namely TNDTA Primary School, Melathattaparai, Tuticorin District, w.e.f. the date of petitioners appointment viz., 02.08.2012 with all attendant benefits within a reasonable time as may be prescribed by this Court pending Writ Petition(MD).No.23517/2015. Prayer in WP(MD). 23517/ 2015 :

Presented to the Court under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF MANDAMUS directing the 3rd Respondent District Elementary Educational Officer to approve forthwith the appointment of the petitioner as Secondary Grade Teacher in the 5th respondent school namely TNDTA Primary School, Melathattaparai, Tuticorin District, w.e.f. the date of petitionners appointment viz., 02.08.2012 with all attendant benefits including the arrears of salary and allowance.

For Petitioner : Mr.Cibi Chakraborthy For Respondents : Mr.V.R.Shanmuganathan Special Government Pleader

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner has filed the Contempt Petition to punish the respondents for their wilful disobedience of the order of this Court, dated 05.02.2016 in Writ Appeal (MD)No.194 of 2016.

2. The learned Special Government Pleader on instructions would submit that the order dated 05.02.2016 in Writ Appeal(MD) No.194 of 2016 has been complied with.

3. In view of the above said submission, the Contempt Petition is closed.

Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To:

1. Tmt.T.Sabeetha, Secretary to the State of Tamil Nadu, Department of School Education, Fort St. George, Chennai-600 009.

2. Thiru.Dr.Elangovan, Director of Elementary Education, College Road, Chennai-600 006.

3. Tmt.I.Vasantha, District Elementary Educational Officer, T.R. Naidu Street, Tuticorin, Tuticorin District.

4. Thiru. K. Pandarasamy, Assistant Elementary Educational Officer, Pudukottai Range, Tuticorin, Tuticorin District.

+1 cc to Mr.T.Cibi Chakraborthy , Advocate in SR.No. 68086 +1 cc to The Special Government Pleader in SR.No.68666 gsp/akv AE/KP/SAR3/03.08.2017/3P/7C CONT.P.(MD) No.833 of 2016 in W.A.(MD) No.194 of 2016 26.07.2017