T. Ravikumar v. T. Anand I.A.S.,

ORDER (Order of the Court was made by R.SURESH KUMAR, J.) This Contempt Petition has been filed for the alleged disobedience of the order passed by this Court dated 26.05.2022, made in W.A.(MD) No. 472 of 2022.

2.By the said order, this Court passed the following order:- "10.In that view of the matter this Court is inclined to pass the following order in this writ appeal. '1.That the impugned order, dated

25.04.2022, for the aforestated reasons is set aside and the respondents, especially, the first respondent is hereby directed to consider the proposal sent by the second respondent dated

08.01.2020 and decide the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

2.It is made clear that when such a decision is taken by the first respondent, which including the decision with regard to the plea made by the petitioner for getting transfer to the bifurcated District, the seniority of the petitioner can also be decided, ofcourse without affecting the inter~se seniority between the similarly placed persons in the District as per the Service Rules.'

11.With these observations and directions, this writ appeal is ordered accordingly. No Costs. Consequently, connected miscellaneous petitions are closed."

¶3When this Contempt Petition came up for hearing on earlier occasions, time was sought for to comply the order and lastly when it came up for hearing on 28.03.2023, since there had been no progress in complying with the order, we were inclined to issue statutory notice to the respondent, pursuant to which, when the case is taken up for hearing today, Mr.T.Anand, I.A.S., Director of Adi Dravidar Welfare Department, Chennai, appeared before this Court.

4.On instruction from him, Mr.A.K.Manikkam, learned Special Government Pleader appearing for the respondent has submitted that as directed by this Court in order dated 26.05.2022, the proposal submitted by the second respondent dated 08.01.2020 having been considered an order was passed on 01.11.2022 by the first respondent and a copy of which has been despatched to the petitioner and a copy of which has also been filed before this Court for our perusal.

¶5On perusal of the order, inter alia, the respondent has stated the following:- "4) kDjhuh; jpU.bj.nutpf;Fkhh; vd;gthpd; 11.12.2019 ehspl;l tpz;zg;gj;jpid Ma;t[ bra;jjpy;, kDjhuh; jw;BghJ gzpg[hpa[k; nlj;jpy; thlif tPl;oy; trpg;gjhft[k;, bjd;fhrp khtl;lj;jpid rptfphp tl;lk; rptfphp jdJ brhj;j Ch; vd;gjhy; Bkw;go khtl;j;jpw;F tpUg;g khWjy; Bfhhpa[s;shh;. 5) brd;id cah;ePjpkd;w kJiuf;fpisapy; jdpah; bjhlh;e;j ghh;it 5 ny; fhZk; Bky;KiwaPl;L ePjpg;Bguhiz kPjhd

26.05.2022 ehspl;l jPh;g;gpd; mog;gilapy;, jpUbey;Btyp khtl;l Mjpjpuhtplh; kw;Wk; gHA;Foapdh; ey mYtyhpd; 08.01.2020 ehspl;l fojj;jpid kPs Ma;t[ bra;jjpy;, g[jpjhf cUthf;fg;gl;l bjd;fhrp khtl;lj;jpy; gl;ljhhp Mrphpah; gzpaplA;fs; fhypapy;iy 4 gl;ljhhp fhg;ghsh;fs; gzpaplk; kl;Lk; fhypahf nUe;Js;sJ. khtl;l ghpt[ Fwpj;J gpwg;gpf;fg;gl;l murhizapy; gzpahsh;fs; khWjy; Fwpj;J gpuj;Bahfkhf vt;tpj cj;jut[k; ny;iy. 6) kDjhuiu tpl nisath;fs; Kd;W egh;fSf;F BkBy gj;jp 3 ny; Fwpg;gplg;gl;Ls;s kUj;Jtf;fhuzA;fs; kw;Wk; FLk;g R{H;epiyfs; fUjp

kdpjhgpkhdj;Jld;

khtl;l

khWjy;

tHA;fp Mizaplg;gl;Ls;sJ. g[jpa khtl;lj;jpy; Bghjpa gl;ljhhp fhypg;gzpaplA;fs; ny;yhjjhYk;, brhe;j khtl;lj;jpy; gzpg[hpa Btz;Lk; vd;w tpUg;gj;jpid jtpu kDjhuhpd; Bfhhpf;if tpz;zg;gj;jpid ghprPypf;f VJthf epahakhdbjhU fhuzA;fs; Fwpg;gplg;glhjjhYk;, kDjhuhpd; khtl;l khWjy; Fwpj;J ghprPyid bra;a jw;Bghijf;F naytpy;iy. nUg;gpDk; bjd;fhrp khtl;lj;jpy; vjph;fhyj;jpy; fhypg;gzpaplk; Vw;gLk; Beh;tpy;, kDjhuh; tpUg;gj;jpd; Bghpy; mspf;Fk; kDtpid ghprPypf;fyhk;. BkYk;, kDjhuh; milaf;Toa mLj;j gjtp cah;t[ KJfiy gl;ljhhp Mrphpah; / cah;epiyg;gs;sp jiyikahrphpah; MFk;. ng;gjtpfSf;F khepy mstpy; gzpKg;g[ filgpof;fg;gl;L tUfpwJ. vdBt kDjhuh; ve;j khtl;lj;jpy; gzpg[hpe;jhYk;, KJepiy ghjg;gilahJ. 7) BkBy tpthpf;fg;gl;Ls;s tpsf;fA;fshy; khtl;l gphptpdhy; g[jpa khtl;lj;jpwF tpUg;gk; mspj;Js;s gzpahsh;fspd; tptuA;fSld; bgwg;gl;l, jpUbey;Btyp khtl;l Mjpjpuhtplh; kw;Wk; gHA;Foapdh; ey mYtyhpd; 08.01.2020 ehspl;l fojj;jpd; kPJ Kd;g[ vLf;fg;gl;Ls;s Kot[fs; epiyepWj;jg;gLfpwJ. vdBt nt;tptuA;fis

jdpaUf;F

bjhpag;gLj;jpl

Brud;kfhBjtp jdptl;lhl;rpaUf;F (Mjpe) mwpt[Wj;jg;gLfpwJ." By relying upon this order, learned Special Government Pleader would submit that the plea of the petitioner having been considered, this order has been passed and he immediately could not be accommodated in Tenkasi District as there has been no vacancy.

¶6The learned Special Government Pleader, on instructions, would further submit that, from this year onwards the teaching posts of the Adi Dravidar Welfare Department is getting merged with the School Education Department and therefore, likelihood of arising of vacancies will be more from this year, therefore, if one vacancy next arisen in the District of Tenkasi, certainly the name of the petitioner would be considered and he would be accommodated as comparatively he is senior than the three persons who are considered and granted such a transfer to Tenkasi District, of course, on medical grounds.

¶7The said submission made by the learned Special Government Pleader is taken on record. In view of the aforestated, where orders have been passed on 01.11.2022, explaining this position and further in view of the merger taken or being taken place with regard to the Adi Dravidar Welfare Department as well as the School Education Department pertaining to the teaching faculties like the petitioner, certainly the chances are more for arising of more vacancies in the current or coming up academic year in Tenkasi District, in that case, the very first vacancy wherein the petitioner's candidature can be considered to be accommodated at Tenkasi and that assurance has been given on behalf of the respondent.

¶8Recording the same, we feel that, no further pursuasive action is required in this Contempt Petition and the presence of the respondent since has been noted, his future presence is also is dispensed with. Accordingly, this Contempt Petition is closed. (R.S.K., J.) & (R.V, J.)

27.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No SJ To Mr.T.Anand, I.A.S., Adi Dravidar Welfare Department, Chepauk, Chennai – 600 005.

R.SURESH KUMAR, J. AND

R.VIJAYAKUMAR, J. SJ Cont. P. (MD) No.1591 of 2022

27.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023 CORAM: THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Cont. P. (MD) No.1591 of 2022 in W.A.(MD) No.472 of 2022 T.Ravikumar ... Petitioner Vs. Mr.T.Anand, I.A.S., Adi Dravidar Welfare Department, Chepauk, Chennai – 600 005. ...Respondent PRAYER: Petition filed under Section 11 of the Contempt of Court Act, 1971, praying to punish the contempnor for his wanton and wilful disobedience of the order passed by this Hon'ble in W.A.(MD) No.472 of 2022 order dated 26.05.2022. For Petitioner : Mr.K.Gurunathan For Respondent : Mr.A.K.Manikkam, Special Government Pleader