Madras High Court
P.Rajalingam vs Pradeep Yadav on 31 January, 2023
2023/MHC/415
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:31.01.2023
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
CONT.P(MD)NO.1664 OF 2018
in
W.A(MD)No.1225 of 2015
P.Rajalingam :Petitioner/Respondent
.vs.
Pradeep Yadav, I.A.S.,
The Secretary to Government,
School Education Department,
Secretariat,
Chennai-9. : Contemnor/Respondent
PRAYER: Contempt Petition filed under Section 11 of the Contempt
of Courts Act praying this Court to punish the respondent for
committing contempt wantonly and for wilful disobedience of the
order passed by this Court in W.A(MD)No.1255 of 2015, dated
20.04.2017.
For Petitioner :M/s.Anbarasi
For Respondent :Mr.J.Ashok
Addl.Govt.Pleader
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ORDER
********
DR.G.JAYACHANDRAN,J
AND
SUNDER MOHAN,J
This Contempt Petition is filed by the Writ Petitioner stating
that the order of the Division Bench of this Court, dated 20.04.2017
not complied with by the Secretary to Government, School
Education Department.
2.The Contempt Petitioner filed W.P(MD)No.2231 of 2012
seeking for a mandamus directing the Education Department,
Government of Tamil Nadu to extend the benefit of G.O.Ms.No.
210, School Education(G1)Department, dated 14.08.2019 and
G.O.Ms.NO.216, School Education(G2) Department, dated
30.12.2021 by counting the service of the Petitioner in the post of
Secondary Grade Assistant from 20.03.1968 to 31.03.1981 along
with the service of the Petitioner as Secondary Grade Headmaster
and B.T. Head-master from 01.04.1981 to 31.05.2004 and
consequently to pay the Selection Grade and Special Grade scale of
pay to him with effect from the date of completion of 10 and 20
years of service respectively. The Writ Petition was allowed as
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prayed for and aggrieved by the same, the Government has filed
the above Writ Appeal.
3.This Court taking note of the dictum laid down by the Full
Bench of this Court in the case of Government of Tamil Nadu .vs.
Easwaran reported in (2017) 2 MLJ 257, disposed of the Writ
Appeal to the effect that the Petitioner is entitled to have the benefit
of G.O.Ms.No.210, School Education(G1)Department, dated
14.08.2019 and G.O.Ms.NO.216, School Education(G2) Department,
dated 30.12.2021 and the Government has to implement the
Government Orders in favour of the Writ Petitioner also. Alleging
that the said direction not been complied with, the Contempt
Petition is filed.
4.The learned Additional Government Pleader appearing for
the Contemnor submitted that in compliance with the Division
Bench order, following the Full Bench judgment, proposal was sent
by the Government to the Accountant General and the Accountant
General Office, considering the service rendered by the Writ
Petitioner, has found that he is not eligible for pay arrears except
re-fixation of pay and regularization.
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5.The proceedings of the Accountant General, dated
25.02.2020 hold that the Writ Petitioner is entitled only for re-
fixation of pay and regularization. Pursuant to the order of this
Court, her last drawn pay been fixed at Rs.11,025/- and the order
passed in the Writ Appeal been complied with as per the service
rendered by the Writ petitioner and on application of G.O.Ms.No.
210, School Education(G1)Department, dated 14.08.2019 and
G.O.Ms.NO.216, School Education (G2) Department, dated
30.12.2021 respectively.
6.Today, the learned Additional Government Pleader appearing
for the Contemnor/respondent also furnished a copy of the
proceedings issued by the Regional Educational Officer, Musiri in
Na.Ka.No.2445/Aa-2/2018, dated 25.01.2023. The Writ Petitioner
herein had also acknowledged the receipt of the above said
proceedings, dated 25.01.2023.
7.From the proceedings,this Court finds that the order of this
Court, dated 20.4.2017, following the Full Bench Judgment, been
complied with, as per the service records of the Writ Petitioner and
if there is any factual error, it is always open to the Writ Petitioner to
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make appropriate representation and get the grievance redressed.
8.Recording the same, the Contempt Petition is closed. No
costs.
[G.J.,J.] [S.M.,J.]
31.01.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
vsn
To
Pradeep Yadav, I.A.S.,
The Secretary to Government,
School Education Department,
Secretariat,
Chennai-9.
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DR.G.JAYACHANDRAN, J.
AND
SUNDER MOHAN,J.
vsn
0RDER MADE IN
CONT.P(MD)NO.1664 OF 2018
in
W.A(MD)No.1225 of 2015
31.01.2023
https://www.mhc.tn.gov.in/judis
