Madras High Court
S.Kalavathi vs Mr.Hans Raj Varma on 19 July, 2021
Cont.P.(MD)No.824 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
Cont.P.(MD) Nos.824 and 837 of 2021
in W.A.(MD) Nos.989 and 990 of 2019
in W.P.(MD) Nos.15808 and 15809 of 2018
S.Kalavathi ... Petitioner/Respondent No.1
in Cont.P.(MD) No.824/2021
V.Kanagamani ... Petitioner/Respondent No.1
in Cont.P.(MD) No.837/2021
Vs
1.Mr.Hans Raj Varma, I.A.S.,
Government Additional Chief Secretary,
The Principal Secretary to Government,
Rural Development and Panchayat,
Raj Development Secretariat,
Chennai. ... Contemnor/2nd Respondent
in both Contempt Petitions
2.Shri.M.Aravind, I.A.S.,
District Collector,
Kanyakumari District,
Nagercoil.
3.Smt.S.Mercy Ramya, I.A.S.,
Additional Collector and Project Director,
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Cont.P.(MD)No.824 of 2021
DRDA, Kanyakumari District,
Nagercoil. ... Contemnors/Appellants 1 & 2
in both Contempt Petitions
COMMON PRAYER: Petition under Section 11 of the Contempt of Court
Act, to punish the contemnors/respondents 1 to 3 for their wilful
disobedience of the order of this Hon'ble Court in W.A.(MD) Nos.989 and
990 of 2019 dated 31.07.2020.
For Petitioner in both : Mr.S.Titus
petitions
For respondents in : Mr.Veera Kathiravan,
both petitions Senior Counsel for Government,
Assisted by Mr.A.K.Manickam
Standing Counsel for Government
COMMON O R D E R
[Common Order of the Court was made by T.S.SIVAGNANAM, J.]
Heard Mr.S.Titus, learned counsel appearing for the petitioners and
Mr.Veera Kathiravan, learned Senior Counsel for Government, assisted by
Mr.A.K.Manickam, learned Standing Counsel for Government, appearing
for the respondents.
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Cont.P.(MD)No.824 of 2021
2.These Contempt Petitions have been filed by the petitioners
alleging disobedience of the common judgment in W.A.(MD) Nos.989 and
990 of 2019, dated 31.07.2020. The said Writ Appeals were dismissed with
certain observation, namely, the respondents were called upon to act on the
letter of the third appellant dated 02.05.2019, and consider the case for
regularization. This was considered and order was passed, rejecting the
claim of the petitioners.
3.It at all the petitioners are aggrieved by the order of rejection, they
should challenge the order. Seeking for regularization of a part time
employment is not a vested right. In the discretion, they may take step for
regularization, but the Court will not be justified in issuing direction to
regularize the services of a person, who is working on part time basis.
4.Mr.Veera Kathiravan, learned Senior Counsel for State Government
pointed out that though such a plea for regularization has been rejected, the
District Collector, Kanyakumari District by proceedings dated 01.07.2021,
has allowed the petitioners to work as Sweepers in Melasankarankuzhy
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Cont.P.(MD)No.824 of 2021
Panchayat and Erachakulam Panchyat respectively in Special Time Scale of
Pay and they are continuing. In such circumstances, there is no disobedience
much less wilful disobedience to the directions issued in the Writ Appeal.
5.In view of the above, these Contempt Petitions are closed with
liberty to the petitioners to challenge the order of the first respondent dated
05.04.2021, if so advised.
(T.S.S.,J.) (S.A.I.,J.)
19.07.2021
Index : Yes/No
Internet : Yes/No
sj
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To:
1.Mr.Hans Raj Varma, I.A.S.,
Government Additional Chief Secretary,
The Principal Secretary to Government,
Rural Development and Panchayat,
Raj Development Secretariat,
Chennai.
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Cont.P.(MD)No.824 of 2021
2.Shri.M.Aravind, I.A.S.,
District Collector,
Kanyakumari District,
Nagercoil.
3.Smt.S.Mercy Ramya, I.A.S.,
Additional Collector and Project Director,
DRDA, Kanyakumari District,
Nagercoil.
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Cont.P.(MD)No.824 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
sj
Cont.P.(MD) No.824 of 2021
19.07.2021
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https://www.mhc.tn.gov.in/judis/
