IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.1.2017 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN Contempt Petition No.2182 of 2016 S.Velmurugan .. Petitioner Vs.
Dr.B.Chandramohan, I.A.S., The Secretary to Government, Revenue Department, Fort St. George, Chennai-9. .. Respondent The Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondent for the contempt of the order of this Court, dated 18.3.2014, made in W.A.No.2888 of 2012.
For Petitioner : Mr.G.Jeremiah For Respondent : Ms.M.Lalitha, Government Advocate - - - - - ORDER (Order of the Court was made by M.JAICHANDREN, J.) Heard the learned counsel appearing on behalf of the petitioner, as well as the learned Government Advocate appearing on behalf of the respondent.
2 This Contempt Petition has been filed, praying that this Court may be pleased to punish the respondent, for committing contempt of the order passed by this Court, on 18.3.2014, made in W.A.No.2888 of 2012.
3 At this stage of the hearing of the contempt petition, the learned Government Advocate, appearing on behalf of the respondent, had placed before this Court a letter, dated 6.1.2017, issued by the Additional Secretary to Government, Revenue Department, Secretariat, Chennai, stating that the order passed by this Court, on 18.3.2014, in W.A.No.2888 of 2012, would be complied with, within a period of two months. The said communication, dated 6.1.2017, read as follows :
"I am directed to invite attention to your letter third cited, wherein you have informed that the Contempt Petition No.2181 and 2182 of 2016 in Writ Petition No.2888 and 2889 of 2012 came up for hearing on 03.01.2017 and adjourned for reporting compliance order in the above Writ Petitions.
2. In this connection, I am directed to state that, Thiru S.Velmurugan and R.Kanniyappan have filed Writ Petition No.17564 and 17565 of 2012 in the High Court praying for issue of a writ of certiorari to call for the entire records of the impugned orders passed by the 3rd respondent in A2 (Pa.Vae) 377/12 dated 29.6.2012 and the consequential order passed in Na.Ka.A3.381/12, dated 30.06.2012 and quash the same. The Hon'ble High Court in its order dated 23.11.2012 has dismissed the above Writ Petition by ordering as follows:-
"Unless rule 30(c) is exempted in the case of the petitioners, they cannot presume that they acquired the qualification without having undergone the essential training required for the post. In the absence of the petitioner satisfying the necessary statutory qualification, this court cannot be a party to issue a direction contrary to the statutory rules. The writ of mandamus cannot be used for violating the statutory provisions. In the light of the above, there is no case made out by the petitioners. Hence, both writ petitions will stand dismissed. No costs. Consequently, connected miscellaneous petitions stand closed."
3. In the appeal filed by the petitioners against the above orders of the Hon'ble High Court the Hon'ble High Court in its orders in Writ Appeal No.2888 and 2889 of 2012 dated 18.03.2014 has directed as follows :-
"In the result, the orders of the learned Single Judge dated 23.11.2012 made in W.P.Nos.17564 and 17565 of 2012 are set aside and both the writ appeals are allowed. During the pendency of the writ appeal proceedings, the appellant obtained interim stay and they are serving in the promotional post and hence, the said position is permitted to continue. The appellants are granted liberty to apply before the Government seeking relaxation of rule 30(c) of the Special Rules for Tamil Nadu Ministerial Service and if any such application is submitted, the Government is directed to consider the same and pass orders bearing in mind and earlier orders passed by this court, within a period of eight weeks from the date of receipt of such application."
4. In this connection, the Principal Secretary / Commissioner of Revenue Administration has been requested to send the original records in which the name of Tvl.S.Velmurugan and R.Kanniyappan are to be included, the combined seniority list of Junior Assistant / Typist furnished by Tamil Nadu Public Service Commission and to indicate the place of inclusion of the above individuals in the panel and name of their immediate junior, since the records are available with him. The above records were received in Government only on 05.01.2017. After scrutinising the records and obtaining the opinion of the advisory department i.e. P&AR Department on the revision petition of Thiru S.Velmurugan, final orders can be passed in compliance of the order of the High Court since it involves relaxation of rule.
5. As it will take considerable time to complete the above process, I am directed to request you to apprise the above position before the Hon'ble High Court as and when the case comes up for hearing and obtain 2 months time for passing orders in compliance with the above directions of the Hon'ble High Court."
4 In view of the communication issued on behalf of the Revenue Department, dated 6.1.2017, we are of the view that no further orders are necessary in the contempt petition. Hence, the contempt petition stands closed. No costs.
(M.J., J.) (T.M., J.) 10.01.2017 Index : Yes/No vvk To The Secretary to Government, Revenue Department, Fort St. George, Chennai-9.
M.JAICHANDREN, J.
and T.MATHIVANAN, J.
vvk Cont.P.No.2182 of 2016 10.01.2017