Dismissed

K.G.Kothainayagi v. Chinnarani

Madras HC22 Nov 2024CONT P(MD)/1287/2024

Case brief

AI extract

What is this about?

Petitioner filed contempt petition for non-compliance of an order directing promotion consideration. Court found Respondent considered the matter but rejected it based on government instructions. Thanking the contempt petition is closed as petitioner can challenge rejection elsewhere.

What did the court decide?

Contempt petition closed; petitioner at liberty to challenge the rejection proceedings in the manner known to law.

K.G.Kothainayagi Vs Chinnarani — Service and Employment | Madras HC (2024)

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CONT.P.(MD)No.1287 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 22.11.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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CONT.P.(MD)No.1287 of 2024 in WP(MD) No.7757 of 2021

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K.G.Kothainayagi ... Petitioner

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Mrs.Chinnamani, District Educational Officer, Opp to Rathna Theater, Tirunelveli. ...Contemnor/Respondent

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PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, praying this Court to punish the contemnor/respondent for willful disobedience and deliberate refusal to comply the order dated 22.03.2024 of this Court in WP(MD) No. 7757 of 2021, dated 22.03.2024.

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For Petitioner :Mr.S.Kumar For Respondent :Mr.P.T.Thiraviam Government Advocate

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O R D E R

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This contempt petition is filed that the order of this

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Court in WP(MD) No .7757 of 2021, dated 22.03.2024 has not been

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complied with.

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https://www.mhc.tn.gov.in/judis

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CONT.P.(MD)No.1287 of 2024

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2.WP(MD) No .7757 of 2021 was filed by the petitioner

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that her request for promotion to the post of Middle School Headmistress was rejected by the Education Department, on the ground that B.Lit qualification acquired by her while she was in service was without obtaining prior approval from the Head of the Department. The said writ petition was allowed of by this Court on 22.03.2024 as under:-

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''5. The case of the petitioner herein is also identical and her case is also refused to be considered for promotion to the post of Middle School Headmistress only on the ground that the qualification of B.lit acquired by her was without obtaining prior permission from the head of the department. In the light of the settled legal position, the ground on which the impugned order passed by the 3rd respondent is unsustainable and the same is accordingly set aside and the Writ Petition is allowed, further directing the 5th respondent to consider the case of the petitioner for promotion to the post of Middle School Headmistress and submit the necessary proposals to the 3rd respondent and in such an event, the 3rd respondent shall consider the same without reference

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https://www.mhc.tn.gov.in/judis

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CONT.P.(MD)No.1287 of 2024

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to the fact that the petitioner obtained B.Lit qualification without obtaining prior permission from the head of the department and pass appropriate orders in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.''

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3.Today(22.11.2024), when this contempt petition is

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taken up for hearing, the learned Government Advocate appearing for the respondent submits that the above order of this Court has been complied with by considering the petitioner's eligibility for promotion to the post of Middle School Headmistress in the light of the instructions, which was issued by the Secretary to Government in 4132/Tho.Ka 2(1) 2024, dated 10.05.2024 and it was rejected by a proceedings of the District Education Officer, Tirunelveli in Na.Ka.No.1492/A5/2024, dated 12.06.2024. A copy of the proceedings is placed before this Court.

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4.Though this Court is not appreciating the manner, in which, the order has been passed by referring the Government letter, dated 10.05.2024, this Court cannot pass any further order in this

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https://www.mhc.tn.gov.in/judis

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CONT.P.(MD)No.1287 of 2024

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contempt petition, in view of the limited scope of the contempt proceedings. Accordingly, this contempt petition is closed.

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5.Since the request of this petitioner for promotion was

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rejected by the respondent vide proceedings of the District Education Officer, Tirunelveli in Na.Ka.No.1492/A5/2024, dated 12.06.2024, as per the instructions of the Government in 4132/Tho.Ka 2(1) 2024, dated 10.05.2024, the petitioner is at liberty to challenge the above proceedings in the manner known to law.

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22.11.2024

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Index:Yes/No Internet:Yes/No vrn To

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Mrs.Chinnamani, District Educational Officer, Opp to Rathna Theater, Tirunelveli.

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https://www.mhc.tn.gov.in/judis

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CONT.P.(MD)No.1287 of 2024

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B.PUGALENDHI, J.

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vrn

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Order made in CONT.P.(MD)No.1287 of 2024 in WP(MD) No.7757 of 2021

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22.11.2024

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https://www.mhc.tn.gov.in/judis

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K.G.Kothainayagi v. Chinnarani

Case brief

What is this about?

What did the court decide?

K.G.Kothainayagi v. Chinnarani

Case brief

What is this about?

What did the court decide?

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