M.Brgilkingsly v. Elangovan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS CONT.P(MD)No.911 of 2016 M.Brgilkingsly .. Petitioner Vs.

1.Mr.Elangovan, Director of Elementary Education, DPI Compound, College Road, Chennai.

2.Mrs.Padmavathy, District Elementary Educational Officer, Tirunelveli Education District, Tirunelveli.

3.Mr.Robert John, Assistant Elementary Educational Officer, Kalakadu, Tirunelveli District.

.. Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts' Act, 1971, against the respondents herein for their wilful disobedience of the order passed by this Court in W.A.(MD).No.1141 of 2013, dated 24.03.2016 and punish them accordingly. Prayer in WA(MD). 1141/ 2013 :

to prefer the Memorandum of grounds of Writ appeal against the order of His Lordship MR.D.Hariparanthaman, dated 17.04.2013 made in MP.No.3 of 2013 in WP(MD).No.5423 of 2013 on the file of this Hon ble Court Prayer in MP(MD). 3/ 2013 in WP(MD).5423/2013 : To issue pass an interim direction to the 1st respondent to release the grant in aid to the 3rd respondent school towards the salary of petitioner in respect of sanctioned B.T Assistant (Science) post at 3rd respondent school with effect from 24/09/2010 with arrears of salary pending disposal of the main Writ petition and thus render justice.

Prayer in WP(MD). 5423/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records pursuant to the impugned rejection order by the 2nd respondent in O.MU.No.7931/A2/2011 dated 09.01.2013 and consequential order https://hcservices.ecourts.gov.in/hcservices/

passed by the 3rd respondent in O.MU.No.824/b1/2011 dated 04.03.13 and quash the same and consequently direct the respondent to approve the petitioner s appointment as BT Assistant (Science) at TDTA Middle school, Idayankulam, Kalakad Range, Tirunelveli District and give all other service and monetary benefit from 24.09.10.

For petitioner : Mr.S.Chellapandian For respondents : Mr.VR.Shanmuganathan Special Government Pleader

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] The learned counsel for the petitioner fairly submitted that the respondents have complied with the Judgment passed by this Court, dated 24.03.2016 in W.A.(MD).No.1141 of 2013.

2. In view of the subsequent compliance, the Contempt Petition is closed. It is open to the petitioner to work out his remedy in case the payment is delayed.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To:

1.Mr.Elangovan, Director of Elementary Education, DPI Compound, College Road, Chennai.

2.Mrs.Padmavathy, District Elementary Educational Officer, Tirunelveli Education District, Tirunelveli.

3.Mr.Robert John, Assistant Elementary Educational Officer, Kalakadu, Tirunelveli District.

+1cc to special Government Pleader SR.No.50019 NB sm:CK:15.9.2016:2P/5C ORDER MADE IN CONT.P(MD)No.911 of 2016 01.09.2016 https://hcservices.ecourts.gov.in/hcservices/