BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Tuesday, the Thirteenth day of December Two Thousand and Eleven PRESENT: THE HONOURABLE MR. JUSTICE T.RAJA CONT.P(MD)NO.557 OF 2011 IN WP(MD)3761 OF 2010 E.Arumugakani : Petitioner Vs. 1.Mr.S.Vijayakumar, I.A.S., The Director, Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai. 2.MR.R.Selvaraj, I.A.S., The District Collector, Tirunelveli District, Tirunelveli. 3.Mr.S.Muthusamy, The Commissioner, Nanguneri Panchayat Union, Nanguneri. : Respondents Prayer in Cont.P(MD)No.557 of 2011:- Petition filed under Section 11 of Contempt of Courts Act prayed that this Honourable Court may be pleased to punish all the three respondents who are liable to be punish for the act of Contempt in disobeying the orders passed by this Honourable Court in W.P. No.3761 of 2010 dated 1.4.10 on the file of this Honourable Court in view of the dismissal of the Writ Appeal filed by the respondents in W.A. No.302 of 2010 dated 7.3.10 on the file of this Honourable Court. PRAYER: Petition under under Article 226 of the Constitution of India praying that in the circumstances stated therein, and in the affidavit filed thereof the High Court will be pleased to issue a Writ of Mandamus, directing the respondents to reinstate the petitioner as an overseer from the post of Technical Assistant by the respondents giving benefit of the G.O.Ms.No.96, RD & PR (E3) Department, dated 06.06.2008. ORDER : This Writ petition coming on for hearing on this day upon perusing the petition and the affidavit filed in support thereof the order of the High Court and upon hearing the arguments of Mr.N.Mohideen Basha, Advocate for the petitioner and of Mr.T.R.Janarthanan, Additional Government Pleader for the respondents the Court made the following order:- The second respondent has filed a counter affidavit and para 13 of the same is extracted hereunder: “13. It is submitted that the post of Technical Assistant is not in existence in this State from 6.6.2008. Hence decision on this issue has to be taken up only by the Government as it is not possible for either the first respondent or to the second respondent to post a person in an non-existing post. As such necessary proposal has been sent to the first https://hcservices.ecourts.gov.in/hcservices/ respondent vide reference N1/80448/2009, dated 27.10.2011 of the second respondent and the orders have to be issued only by the Government in this regard.” 2. In view of the stand taken by the second respondent that they have already sent necessary proposal to the first respondent vide reference N1/80448/2009, dated 27.10.2011, they need some more time for appointing the petitioner as Technical Assistant. It was stated that the post of Technical Assistant is not in existence in this state from 6.6.2008. 3. In view of that, four weeks time is granted finally to report compliance of the order. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To 1.Mr.S.Vijayakumar, I.A.S., The Director, Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai. 2.MR.R.Selvaraj, I.A.S., The District Collector, Tirunelveli District, Tirunelveli. 3.Mr.S.Muthusamy, The Commissioner, Nanguneri Panchayat Union, Nanguneri. ORDER CONT.P(MD)NO.557 OF 2011 IN WP(MD)3761 OF 2010 Nature of the Order : Giving directions etc., as stated within. RJ/22.12.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/