Single-judge bench dismissed a contempt petition challenging non-compliance with an order promoting a helper to Noon Meal Organizer. The court held she was ineligible for promotion as she had not passed the Tenth Standard, thus no contempt was made out.
Contempt petition dismissed; no contempt made out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
Contempt Petition No.1063 of 2019
S.Thamilarasi .. Petitioner
-vs-
1. V.Anbuselvan, I.A.S.,
Collector
Cuddalore District
Cuddalore
2. K.Manivannan, I.A.S.,
Secretary to Government
Social Welfare and Nutritious Noon
Meal Department
Chennai 600 009 .. Respondents
Petition under Section 11 of the Contempt of Courts
Act, 1971 praying to punish the respondents for wilful
disobedience of the order of this Court dated 21.6.2011
made in W.P.No.24391 of 2010.
For Petitioner :: Mr.G.Ramakrishnan
For Respondents :: Mrs.P.Rajalakshmi
Additional Government Pleader
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ORDER
This contempt petition has been filed complaining the
non-compliance of the order stating that the petitioner has been working for more than ten years as Helper in the Chief
Minister's Noon Meal Scheme on consolidated basis in Keel
Orathur Village in Mangalore Panchayat Union of Cuddalore
District. She is a widow and it stated that at the time of
joining as Helper, she did not pass the Tenth Standard. As
she has put in ten years of experience as Helper, she
became eligible for promotion to the post of Noon Meal
Organizer. Similarly, K.Usha, who also joined as Cook in the year 1998, had not passed Tenth Standard, but has acquired more than ten years experience. Therefore, both of them came to this Court with W.P.Nos.24391 & 24392 of 2010
seeking a prayer for issuance of writ of certiorarified mandamus, calling for the records of the second respondent relating to the impugned G.O.Ms.No.163, Social Welfare and
Nutritious Noon Meal Department dated 18.8.2010, quash the same with a direction to the respondents to promote them as Noon Meal Organizers in the respective centres.
Petition No.861 of 2019 for non-compliance, this Court
dismissed the said contempt petition by order dated https://hcservices.ecourts.gov.in/hcservices/
26.6.2019, on the ground that as she has not passed the
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Tenth Standard, she cannot aspire for the promotional post. Since the petitioner S.Thamilarasi has also not passed the Tenth Standard, she is not eligible to be considered for promotion. In view of the fact that the petitioner has not passed the Tenth Standard, no contempt is made out.
Accordingly, the contempt petition stands dismissed.
SD/-
ASSISTANT REGISTRAR(COMM.CASES)
ss
//Certified to be true copy//
Dated at Madras this the day of 2019.
COURT OFFICER(O.S.)
from 25 th day of September 2008 the Registry is issuing
Certified copies of the Orders/Judgments/Decrees in this
format.
Mv/18/07/2019
2 issues framed by the court
Whether the petitioner is eligible for promotion considering she has not passed the Tenth Standard.
Whether the non-compliance of a previous order amounts to contempt when the petitioner lacks statutory eligibility.
S. Thamilarasi
V. Anbuselvan, I.A.S.
K. Manivannan, I.A.S.
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
