A teacher appointed as BT Assistant (English) only in 2023 despite a 2017 writ appeal order sought contempt action. The court closed the petition but granted her notional service from 07.01.2014 for pension computation, directing the Director of School Education to issue proceedings.
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Cont.P.(MD)No.1127 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
Cont. P(MD)No.1127 of 2022 in
W.A.(MD)No.420 of 2014
M.Lalitha
... Petitioner / Respondent / Petitioner
Vs.
1.S.Kannappan,
The Director of School Education,
Chennai.
The District Elementary Educational Officer, Virudhunagar District, Virudhunagar. ... Contemnors / Appellants / Respondents
Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for willful disobedience of the order of this Court in W.A.(MD)No.420 of 2014 dated 02.08.2017 in W.P. (MD)No.16938 of 2013, dated 07.01.2014.
Cont.P.(MD)No.1127 of 2022
For Petitioner :Mr.M.Micheal Bharath
For Respondents :Mr.T.Amjath Khan Government Advocate
ORDER
The petitioner herein was working as BT Assistant (English) in the Panchayat Union Primary School, A.Ramalingapuram, Sattur. Following the upgradation of the said school as Panchayat Union Middle School at Mettupatti and the option exercised by Ramadevi, the petitioner was reverted back to this school and posted as Secondary Grade Teacher. Challenging the same, the petitioner filed W.P.(MD)No.16938 of 2013. Though the orders impugned in the writ petition were set aside, the relief was given to the petitioner by directing the Chief Educational Officer, Virudhunagar to appoint the petitioner as BT Assistant (English) in the newly upgraded High School, K.Mettupatti. Aggrieved by the said direction, the department filed W.A.(MD)No.420 of 2014. Since it was pointed out that the Chief Educational Officer cannot make any such appointment, the direction given by the learned single Judge was modified and the Division Bench directed the Director of School Education, Chennai to appoint the petitioner as BT Assistant (English) in the newly upgraded High School, K.Mettupati. The writ appeal was dismissed on
Cont.P.(MD)No.1127 of 2022
02.08.2017. Contending that the order was not immediately complied with, the present contempt petition came to be filed.
[G.R.S., J.] [M.J.R., J.] 03.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi
Cont.P.(MD)No.1127 of 2022
G.R.SWAMINATHAN, J
and
M.JOTHIRAMAN, J.
rmi
To
Cont. P(MD)No.1127 of 2022 in W.A.(MD)No.420 of 2014
03.03.2025
2 issues framed by the court
Whether the contempt petition alleging non-compliance of the writ appeal order directing appointment as BT Assistant (English) should be punished or closed.
Whether the petitioner is entitled to notional service as BT Assistant (English) from 07.01.2014 for pensionary benefits.
1 provisions across 1 enactments
M.Lalitha
S.Kannappan, The Director of School Education, Chennai
V.Thirupathi, The District Elementary Educational Officer, Virudhunagar District
G.R.SWAMINATHAN
M.JOTHIRAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
