J.Arockiyamari v. Tmt.Sabitha
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU CONT.P.[MD].No.1081 of 2016 J.Arockiyamari, Secondary Grade Teacher, RC Middle School, Thalarkulam, Singamparai Post, Tirunelveli District.
: Petitioner/Petitioner Vs.
1.Tmt.Sabitha, The Secretary, The State of Tamil Nadu, Department of School Education, Fort.St.George, Chennai 600 009.
2.Shri.R.Ilangovan, The Director of Elementary Education, College Road, Chennai 06.
3.Tmt.A.Nirmala Jesu, The District Elementary Educational Officer, Tirunelveli, Tirunelveli District 627 001.
4.Shri.Chandrasekar, The Assistant Elementary Educational Officer, Pappakudi, Tirunelveli District.
: Contemnores/Respondents PRAYER: Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for their deliberate and wilful disobedience of the order of this Court dated 15.04.2016, made in W.A.(MD).No.589 of 2016. Prayer in WA(MD). 589/ 2016 :
Writ appeal is filed under clause XV of letters of patent against the common order dated 27.01.2016 made in MP(MD)No.1 of 2015 WP(MD)No.2404/ 2015.
Prayer in MP(MD)No.1 of 2015 WP(MD)No.2404/ 2015 : To Suitable Ad.Interim orders directing the 3rd respondent District Elementary Educational Officer to approve forthwith the appointment of the petitioner as Secondary Grade Teacher in the 6th respondent school namely, RC middle School, Thalarkulam, Singamparai Post, Tirunelveli District w.e.f. The date of her appointment on 12.08.2011 with all attendant benefits including the arrears of salary and allowance in the light of the Judgement
rendered by the Hon'ble Supreme Court in Paramathi Educational and Cultural Trust and others Vs the union of India and others and other reported in (2014) 4 MLJ 486 (SC) within a reasonable time as may be prescribed by this Hon'ble Court.
Prayer in WP(MD). 2404/ 2015 :
Writ Petition is filed 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 6th respondent School namely, RC Middle School, Thalarkulam, Singamparai post, Tirunelveli District W.e.f. the date of her appointment on 12.08.2011 with all attendant benefits including the arrears of salalry and allowance in the light of the judgement rendered by the Honble Supreme Court in Paramati Educational and Cultural Trust and others Vs the Union of India and other reported in (2014) 4 MLJ 486 (SC) and pass such further or other suitable order/orders.
For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.S.Chandrasekar Government Advocate
O R D E R
*********** [Order of the Court was made by R.SUBBIAH, J.] Alleging that the Judgment of this Court, dated 15.04.2016, made in W.A.(MD).No.589 of 2016, has not been complied with, the petitioner has come up with this Contempt Petition.
2. Today, when the Contempt Petition was taken up for consideration, the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondent jointly submitted that the Judgment of this Court dated 15.04.2016, made in W.A.(MD).No.589 of 2016 is complied with.
3. Recording the above, the Contempt Petition is closed. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.Tmt.Sabitha, The Secretary, The State of Tamil Nadu, Department of School Education, Fort.St.George, Chennai 600 009.
2.Shri.R.Ilangovan, The Director of Elementary Education, College Road, Chennai 06.
3.Tmt.A.Nirmala Jesu, The District Elementary Educational Officer, Tirunelveli, Tirunelveli District 627 001.
4.Shri.Chandrasekar, The Assistant Elementary Educational Officer, Pappakudi, Tirunelveli District.
+1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO.83581 ORDER MADE IN CONT.P.[MD].No.1081 of 2016 23.12.2016 nb um/em-jmp/23.01.2017/3p/6c