J. MUTHAZHAGU Vs. K. RAJARAMAN

JUDGEMENT

(1.) The petitioner has come forward with this contempt petition complaining that the respondent has wilfully disobeyed the order dated 08.01.2014 passed by this Court in WP No. 460 of 2014 and it warrants initiation of contempt proceedings against him.

(2.) The petitioner has filed WP No. 460 of 2014 praying to issue a Writ of Mandamus directing the second respondent therein, who is arrayed as respondent in this contempt petition, to implement the order passed by the Government in G.O. (Ms) No. 99, Commercial Taxes and Registration Department dated 11.07.2013 in its full and final and grant all the service and monetary benefits within a time frame in the light of the representation dated 12.06.2015 submitted by him.

(3.) In the affidavit filed in support of WP No. 460 of 2014, it was stated by the petitioner that he was appointed as Record Clerk on 31.07.2000 on compassionate grounds and he was posted in the Commercial Tax Department, Madurai Division. According to the petitioner, as per G.O. Ms. No. 1499, Employment and Labour Department dated 03.08.1999, he ought to have been appointed to the post of Junior Assistant when he possess requisite qualification for being appointed to that post, instead of appointing him to the post of Record Clerk. The petitioner also cited a similar order passed in favour of one Mr. Abdul Rehman and S. Janardhanan, in whose favour the department has passed an order appointing them to the post of Junior Assistant from the date of their respective appointment even though they were originally appointed as Record Clerk. According to the petitioner, after repeated representations, the department accepted his request and ultimately the Government passed an order in G.O. Ms. No. 99, Commercial Tax and Registration Department dated 11.07.2013 ordering to absorb the petitioner in the cadre of Junior Assistant from the date of his appointment as Record Clerk, with notional pay fixation, without monetary benefits. Thus, the petitioner has been appointed as Junior Assistant from 31.07.2000 by virtue of the order dated 11.07.2013 passed by the Government.