Madras High Court
M.Movendiran vs Dr.T.S.Selvavinayagam on 4 January, 2023
Cont.P.No.1113 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2023
Coram
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MS.JUSTICE P.T.ASHA
Cont.P.No.1113 of 2022
in W.A.No.1853 of 2019
M.Movendiran,
S/o.Manickam (late),
Eravivandadu Village & Post,
Vellore District – 632 104. ... Petitioner/Appellant
-vs-
1. Dr.T.S.Selvavinayagam, MD, DPH, DNB,
Director
Department of Public Health and Preventive Medicine,
Chennai-6.
2. Dr.V.Prakash, MBBS, MPH,
Project Officer,
National Filaria Control Unit,
Vellore-1. ... Respondents 1 & 2/Respondents 1 & 2
Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts
Act to punish the respondents for wilfully disobeying the order passed in
W.A.No.1853 of 2019 dated 27.06.2019.
For Petitioner : Mr.S.N.Ravichandran
For Respondents : Mr.S.Silambanan
Addl. Advocate General
Assisted by Mr.S.John J.Raja Singh, AGP
*****
1/4
https://www.mhc.tn.gov.in/judis
Cont.P.No.1113 of 2022
JUDGMENT
This Contempt Petition has been filed to punish the Respondents for
wilful disobedience of the orders of this Court dated 27.06.2019 in
W.A.No.1853 of 2019.
2. When the matter is taken up for hearing, it is represented by
Mr.S.Silambanan, learned Additional Advocate General that the petitioner's
father expired on 26.01.2003, pursuant to which, his elder brother had
submitted an application on 08.12.2003 for compassionate appointment and
subsequently, requested the respondents to provide appointment on
compassionate ground to his younger brother, namely, petitioner herein. It is
further represented that the petitioner has made an application only on
28.08.2006, seeking appointment on compassionate ground after the
Government have relaxed the relevant provisions of the Tamil Nadu
Government Servants (Conditions of Service) Act, 2016 in favour of the
petitioner. Insofar as P.Vinoth is concerned, he had made the application on
24.02.2005 itself and he was placed in the Seniority List at Sl.No.435, whereas
the seniority number of the petitioner is 439. It is vehemently argued on the
side of the respondents that no person can claim compassionate appointment
https://www.mhc.tn.gov.in/judis
Cont.P.No.1113 of 2022
retrospectively, as it would adversely affect the employees, who have been
validly appointed in the usual course.
3. Taking note of the above submissions and considering the fact that the
petitioner was provided appointment after relaxation of Rules, we are of the
considered opinion that there is no wilful disobedience of the orders of this
Court and the respondents have complied with the orders of this Court in letter
and spirit.
4. In fine, this Contempt Petition is closed. In case the petitioner is still
aggrievied, it is open to him to agitate before the appropriate Forum in the
manner known to law.
[S.V.N,J.,] [P.T.A,J.,]
04.01.2023
ar
https://www.mhc.tn.gov.in/judis
Cont.P.No.1113 of 2022
S.VAIDYANATHAN,J.
and
P.T.ASHA,J.
ar
Cont.P.No.1113 of 2022
in W.A.No.1853 of 2019
04.01.2023
https://www.mhc.tn.gov.in/judis
