Disposed

V. Dayalan v. Mr. S. Krishnan, IAS

Madras HC14 Jun 2019CONT P/1253/2018

Case brief

AI extract

What is this about?

In a contempt petition arising from non-compliance of an interim order in a promotion dispute, the Special Bench accepted the Additional Advocate Generals suggestion to promote eligible petitioners to Assistant Executive Engineers as an interim relief while keeping inter se seniority issues pending in the main writ petition.

What did the court decide?

Interim promotion of petitioners to the post of Assistant Executive Engineers until the main proceedings conclude the inter se seniority issue.

V. Dayalan Vs Mr. S. Krishnan, IAS — Service and Employment | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.06.2019

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CORAM

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THE HONOURABLE MR. JUSTICE M.M.SUNDRESH AND

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THE HONOURALE MR. JUSTICE RMT.TEEKAA RAMAN

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Contempt Petition No.1253 of 2018 & Sub Appln. No.266 of 2018 and W.A.Nos.3 of 2018 and 650 of 2019

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1.V.Dayalan, S/o Vellai,
Junior Engineer, Tamil Nadu Slum Clearance Board,
Chennai-5.
2.P.Murugan, S/o Pazhamalai,
Junior Engineer, Tamil Nadu Slum Clearance Board,
Chennai-5.
3.R.Loganathan, S/o Rangaiah,
Junior Engineer, Tamil Nadu Slum Clearance Board,
Chennai-5.
4.P.Muruganantham,S/o Pichaipillai,
Junior Engineer, Tamil Nadu Slum Clearance Board,
Chennai-5.
.... Petitioner
Vs
1.S.Krishnan, I.A.S.,
Secretary to the Government of Tamil Nadu,
Housing and Urban Development,
Fort St. George, Chennai-600 009.
2.Mr.S.Krishnan, I.A.S.,
Chairman, Tamil Nadu Slum Clearance Board,
No.5, Kamaraj Salai, Chepauk,
Chennai-600 005. .... Respondents

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https://hcservices.ecourts.gov.in/hcservices/

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Contempt petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for the wilful disobedience of the order dated 05.01.2018 made in C.M.P.No.77 of 2018 and W.A.No.3 of 2018.

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For Petitioners : Mr.N.G.R.Prasad for
Mr.V.Chockalingam
For Respondents : Mr.P.S.Sivashanmuga Sundaram
Spl. Government Pleader for R1
Mr.P.H.Aravind Pandian, A.A.G.
For Mr.M.Rajasekar for R2.
O R D E R
There are three competing issues involved in this
Contempt Petition, which is inclusive of the writ petition
filed by the three petitioners in W.P.No.30638 of 2015
seeking promotion to the post of Assistant Executive
Engineers on the basis of their seniority.

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This contempt petition is filed with respect

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to the non compliance of the interim order passed in CMP No.77 of 2018 in W.A.No.3 of 2018 on 05.01.2018. All the

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petitioners are competing to be promoted to the post of Assistant Executive Engineers on the basis of their seniority.

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The main issues involved will have to be https://hcservices.ecourts.gov.in/hcservices/

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decided only at the time of the final disposal of the

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cases. Since this is a special Bench, we are not inclined to take up the Writ Appeal and the Writ Petition, which are posted along with this Contempt Petition.

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Learned Additional Advocate General made a

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fair suggestion to the Bench, which is also agreeable to

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the learned counsels appearing for the parties. According

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to him, as an interim arrangement, all the petitioners may

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be promoted to the post of Assistant Executive Engineers,

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leaving the issue of inter se seniority, to be decided in the writ petition and the writ appeal.

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suggestion of the learned Additional Advocate General is

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fair and reasonable, apart from being in the interest of

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the parties including the Government. After all, any

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pending dispute will have to be considered in public

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interest also as by not filling the vacancies, nobody will be benefited.

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promote the eligible persons, including the writ

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petitioners, on the basis of inter se seniority, to the

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post of Assistant Executive Engineers, leaving open all the https://hcservices.ecourts.gov.in/hcservices/

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issues pertaining to the said post to be decided in the

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pending matters. We also make it clear that the said promotion shall be subject to the outcome of the main Writ Petition and Writ Appeal.

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The contempt petition is disposed of accordingly.
Consequently, sub application stands closed.
Registry is directed to post W.A.Nos.3 of 2018 and
650 of 2019 before the concerned Bench.
SD/-
ASSISTANT REGISTRAR(COMM.CASES)
raa
//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.
Sm/19/06/2019
To
1 The Joint Registrar(Judicial),
Judicial Department,
High Court, Madras.

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2 The Section Officer, Judicial Section.

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https://hcservices.ecourts.gov.in/hcservices/

V. Dayalan v. Mr. S. Krishnan, IAS

Case brief

What is this about?

What did the court decide?

V. Dayalan v. Mr. S. Krishnan, IAS

Case brief

What is this about?

What did the court decide?

What the court decided

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