LAWS(MAD)-2015-6-3

R.S. NARAYANAN Vs. BALAMURUGAN

Decided On June 01, 2015
R.S. Narayanan Appellant
V/S
BALAMURUGAN Respondents

JUDGEMENT

(1.) THIS contempt petition has been filed to punish the respondents for the willful disobedience of the order dated 11.12.2013 passed by this Court in W.P. No. 27961 of 2013 and to pass further orders.

(2.) THE petitioner had filed Writ Petition No. 27961 of 2013 seeking for a direction to the respondents 1 to 3 to approve the appointment of the petitioner in the post of Office Assistant from the date of his initial appointment ie., from 14.05.2011 based on the proposal submitted by the 4th respondent on 18.05.2011 and the re -submitted proposal, with all consequential benefits along with arrears of pay.

(3.) IT is the case of the petitioner that he was appointed as Office Assistant on 14.05.2011 in the 4th respondent school, in the vacancy which arose on account of the promotion given to one C.Babu. The said post is a sanctioned post. The 4th respondent school is an aided school, which is receiving grant from the Government. The petitioner is having the required qualification of 10th standard Pass to hold the post of Office Assistant as per the norms fixed under the Private School Regulation Act, 1973. Based on the school committee resolution passed on 5.5.2011, an appointment order was issued to the petitioner by the Secretary of the 4th respondent school on 14.5.2011 for the said post. A proposal for approval of the petitioner's appointment has been sent to the 2nd respondent along with the enclosures on 18.5.2011 and the same was acknowledged by the 2nd respondent on 23.5.2011. But the said proposal was returned for want of some particulars and the same was re -submitted by the 4th respondent. Again, another communication has been sent on 18.4.2012 requesting the respondents 1 and 2 to approve the appointment of the petitioner with effect from 14.5.2011. The petitioner has also sent several representations through the 4th respondent to the 3rd respondent to approve his appointment with effect from 14.5.2011, since it is a sanctioned post. But, since no orders have been passed by the 3rd respondent, the petitioner filed the present writ petition.