Madras High CourtCONT P(MD)/885/2016closed

S.Xavier Jeyaraj, v. Most Rev.Dr.Yvon Ambroise,

2017-08-11Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.08.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Cont P.(MD)No.885 of 2016 in W.P.(MD)No.7979 of 2016 S.Xavier Jeyaraj

...Petitioner/Petitioner

Vs.

1.Most Rev.Dr.Yvon Ambroise, Manager, Catholic Bishop's House, Tutocirin Diocese, Tuticorin District.

2.Rev.Fr.Dominic Arulvalan, Superintendant of R.C.Schools, Diocese of Tuticorin, Catholic Bishop's House, Tuticorin District.

3.Rev.Fr.S.K.Mani, The Correspondent, Nanguneri Parish, R.C.Parish Church Campus, Nanguneri 627 108.

.. Contemnors/ Respondents PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act 1971, to punish the respondents for their wilful disobedience and non compliance of the order passed by this Court, in W.P. (MD) No.7979 of 2016, dated 25.04.2016. Prayer in WP(MD). 7979/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, to direct the respondents to consider the representation of the petitioner, dated 04.06.2015 and 10.02.2016 for promotion to the post of Head Master St.Antony's Middle School, Karankadu, Nanguneri Parish, Tirunelveli District.

For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.V.John Kennedy

O R D E R

This Court, by an earlier order dated 25.04.2016 had directed the respondents 1 to 3 to consider the representation of the petitioner, dated 04.06.2015 and 10.02.2016 for the promotion to the post of Headmaster in St.Antony's Middle School, Karankadu, Nanguneri Parish, Tirunelveli District before filling up the post of Headmaster in that school. Since the respondents herein have not complied with the same, the petitioner has come up with this contempt petition.

2.Pursuant to the order passed by this Court, dated 09.08.2017, the second respondent had furnished the particulars about the future vacancies of the post of Headmaster in two of the schools in the end of the academic year. The contempt petitioner had also filed an affidavit, dated 11.08.2017 opting to join St.Xavier Middle School, Xavierpuram, Tirunelveli District, wherein the vacancy will arise on 30.04.2018. 3.Recording the said submission, this Contempt petition is closed. No costs.

4.The respondents are directed to inspect the said school in order to accommodate the petitioner in the post of Head Master on the retirement of the present Headmistress Mrs.S.Johnsi Rani. Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To:

1. Most Rev.Dr.Yvon Ambroise, Manager, Catholic Bishop's House, Tutocirin Diocese, Tuticorin District.

2. Rev.Fr.Dominic Arulvalan, Superintendant of R.C.Schools, Diocese of Tuticorin, Catholic Bishop's House, Tuticorin District.

3. Rev.Fr.S.K.Mani, The Correspondent, Nanguneri Parish, R.C.Parish Church Campus, Nanguneri 627 108.

+1 CC to M/s.V.PANNEER SELVAM, Advocate, SR No. 72513 +1 CC to M/s.V.JOHN KENNEDY, Advocate, SR No. 72169 MSA PSM/GT/SAR1/24.08.2017/3P/6C Cont P.(MD)No.885 of 2016 in W.P.(MD)No.7979 of 2016 11.08.2017