LAWS(MAD)-2008-4-193

W RUBEN FRANKLIN Vs. R PALANISAMY

Decided On April 29, 2008
W. RUBEN FRANKLIN Appellant
V/S
R. PALANISAMY Respondents

JUDGEMENT

(1.) THIS contempt petition has been filed praying that this Court may be pleased to punish the respondent for contempt of Court for willfully disobeying the order of this Court, dated 27.4.2006, made in W.P.M.P.No.11361 of 2006, in W.P.No.10040 of 2006.

(2.) THE petitioner has stated that he had acquired a M.A. degree in Sociology and Panchayat Raj in the year, 1985 and an M.A. degree in History in the year, 1988. THEreafter, he had also acquired a B.Ed., qualification. Thus, he was qualified for appointment as a B.T. Assistant and P.G. Assistant. THE petitioner's father had been working as a Secondary Grade Teacher in the Government Boys Higher Secondary School, Melur, Madurai District and he had died, on 28.9.1985, while in harness. THE petitioner's mother had retired from service, on 1.7.1986.

(3.) THE petitioner had filed an original application before the Administrative Tribunal in O.A.No.9312 of 1997. By an order, dated 21.11.1997, all further proceedings in respect of the show cause notice, dated 31.10.1997, had been stayed. By an order, dated 19.12.1997, the order of stay granted earlier had been extended until further orders. Thus, the petitioner has been continuing in service as a B.T. Assistant. However, when the original application, pending before the Administrative Tribunal, had been transferred to this Court and renumbered as W.P.No.32143 of 2005. By an order, dated 30.1.2006, this Court had directed the Joint Director of School Education, Chennai, to pass orders on the reply given by the petitioner, within a period of two weeks from the date of the receipt of the said order. By an order, dated 21.3.2006, THE Joint Director of School Education had cancelled the appointment of the petitioner on the ground that he had suppressed the material facts from the knowledge of the Education Department and the Government and that he had got an appointment on compassionate grounds, though he was not entitled for the same, as per the G.O.Ms.No.155, Labour and Employment Department, dated 16.7.1993.