1 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 22.12.2011 Coram The Hon'ble Mr.Justice R.SUDHAKAR Contempt Petition Nos.1965 to 1977 of 2011 S.Poochendu. ... Petitioner in Cont.P.1965/2011 P.Sekar ... Petitioner in Cont.P.1966/2011 K.Mani ... Petitioner in Cont.P.1967/2011 V.Kirubanandhan ... Petitioner in Cont.P.1968/2011 P.Radhakrishnan ... Petitioner in Cont.P.1969/2011 R.Govindasamy ... Petitioner in Cont.P.1970/2011 K.Arul ... Petitioner in Cont.P.1971/2011 P.Senthamarai ... Petitioner in Cont.P.1972/2011 S.Karemel ... Petitioner in Cont.P.1973/2011 B.Saraswathi ... Petitioner in Cont.P.1974/2011 R.Rajendran ... Petitioner in Cont.P.1975/2011 K.R.Narayanan ... Petitioner in Cont.P.1976/2011 R.Periyasamy ... Petitioner in Cont.P.1977/2011 vs. https://hcservices.ecourts.gov.in/hcservices/ 2 1.Dr.T.S.Sridhar, I.A.S, The Secretary to Government, School Education Department, Fort St. George, Chennai-9. 2.Dr.P.Mani, The Director of School Education, College Road, Chennai-6. 3.P.Jayaraman, The District Education Officer, Cheranmahadevi, Tirunelveli District. ... Respondents in all Cont.Petns. Contempt Petition No.1965 of 2011 is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for committing Contempt of Court of the order dated 10.11.2010 in W.P.No.24697 of 2009, 14600,14601, 16569, 16570, 16571, 16572, 16573,16574, 16575, 16576 and 18955 of 2010 respectively. For petitioner : Mr.S.M.Subramaniam For respondents : Mr.P.Sanjay Gandhi, Additional Government Pleader ----- COMMON ORDER The Contempt Petition No.1965 of 2011 is filed praying to punish the respondents for disobeying the order dated 10.11.2010 passed in W.P.No.24697 of 2009. https://hcservices.ecourts.gov.in/hcservices/ 3 2. Similarly, the other Contempt Petitions are filed praying to punish the respondents for disobeying the common order dated 10.11.2010 passed in W.P.No.24697 of 2009 etc. batch. 3. Heard Mr.S.M.Subramaniam, learned counsel appearing for the petitioners in all the contempt petitions and Mr.P.Sanjay Gandhi, learned Additional Government Pleader appearing for the respondents in all the Contempt Petitions. 4. Consequent to the common order passed by this Court on 10.11.2010 in W.P.No.24697 of 2009 etc. batch directing the respondents Government to regularise the services of the petitioners in terms of paras 4 and 5 of the common order, the respondents Government filed Writ Appeal No.1447 of 2011 against one Writ Petition No.14599 of 2009 dated 10.11.2010, relating to Mr.K.Ponnusamy. The first Bench of this Court by Judgment dated 16.8.2011 dismissed the writ appeal holding as follows:- “Heard the learned counsel appearing for the parties, and perused the impugned judgment, whereby the learned single Judge allowed the writ petition and directed regularisation of services of the writ petitioner, along with other writ petitioners. The writ https://hcservices.ecourts.gov.in/hcservices/ 4 petitioner-respondent was initially appointed as a Scavenger and has been working in the said post for the past 18 years. 2. Indisputably, many other similarly placed workmen have been regularised in service pursuant to the direction issued by the Division Bench of this Court a series of appeals including W.A.No.230 of 2009, which were taken on appeal to Supreme Court by way of SLPs. and the SLPs. were also dismissed. 3. In the circumstances, we do not see any merit in this appeal, which is accordingly dismissed. 5. Even after dismissal of the writ appeal as above, the respondent did not comply with the order of the First Bench of this Court and therefore, Contempt Petition No.1743 of 2011 was filed. In that Contempt Petition, the following order was passed on 9.12.2011:- “Heard the learned counsel appearing for the parties. This contempt petition has been filed alleging non-compliance of the judgment and order, dated 16.8.2011 passed in W.A.No.1447 of 2011. https://hcservices.ecourts.gov.in/hcservices/ 5 2. Today, the learned counsel appearing for the respondents has filed a counter affidavit stating that in compliance with the aforesaid order passed by this Court, the respondents have issued a Government Order being G.O.(3D) No.147, School Education (R1) Department, dated 24.11.2011 regularizing the services of the petitioner with effect from the date of completion of 10 years of service after relaxing the relevant rules. 3. In view of the fair stand taken by the respondents in the counter affidavit that the judgment and order passed by this court has been complied with inasmuch as the Government Order to that effect has already been issued, the contempt proceedings are dropped and the contempt petition is accordingly closed. However, we expect that the other similarly situated petitioners, in whose favour the judgment was passed, shall also get the same relief from the Government.” 6. The present batch of contempt petitions have been filed by other writ petitioners who have been denied the benefit of regularisation in spite of the common order passed by this Court in the batch of writ petitions https://hcservices.ecourts.gov.in/hcservices/ 6 referred to above and confirmed by the First Bench. 7. Mr.P.Sanjay Gandhi, learned Additional Government Pleader appearing for the respondents produced a copy of G.O.(3D)No.147 School Education(R1) Department dated 24.11.2011 issued to Mr.K.Ponnusamy, petitioner in W.P.No.14599 of 2010 granting all the benefits as per the order of this court dated 10.11.2010. Shri P.Sanjay Gandhi, learned Additional Government Pleader on instruction states that the Government will comply with the order of this Court in respect of other petitioners without discrimination and in terms of the order dated 9.12.2011 passed by the First Bench of this Court in Contempt Petition No.1743 of 2011. He stated that similar Government Order will be issued in respect of all the petitioners on or before 17.2.2012. 8. In view of the order of the First Bench and the undertaking given to this Court, the contempt petitions can be closed giving six weeks time (i.e.) upto 17.2.2012 to the respondents to pass appropriate Government Orders in respect of each individual. 9. Recording the said submission made by the learned Additional Government Pleader, as above and with https://hcservices.ecourts.gov.in/hcservices/ 7 the direction as above, all the Contempt Petitions are closed. ts SD/- DEPUTY REGISTRAR (OS) //Certified to be true copy// Dated at Madras this the day of 2011. COURT OFFICER (O.S.) From 25 th Day of September 2008 the Registry is issuing certified copies of the orders/judgments/Decrees in this format. KS(CO) SMV/27/01/2012 1.The Secretary to Government, School Education Department, Fort St. George, Chennai-9. 2.The Director of School Education, College Road, Chennai-6. 3.The District Education Officer, Cheranmahadevi, Tirunelveli District. One CC to Mr.S.M.Subramaniam, Advocate, SR.13583 One CC to Government Pleader,SR.605 https://hcservices.ecourts.gov.in/hcservices/