(Prayer: Contempt Petition is filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondents for wilful disobedience of the order dated 24.11.2020 passed in W.P.(MD) No.5161 of 2013.)

1. The present contempt petition has been filed alleging violation of the orders of this Court dated 24.11.2020 made in W.P(MD)No.5161 of 2013.

2. The above said writ petition was filed by the Account Supervisors working in the Tamil Nadu General Distribution Corporation Limited challenging the inclusion of the name of the private respondents in the panel for promotion to the post of Assistant Account Officers/Assistant Audit Officers. A perusal of the affidavit filed in support of the writ petition indicates that the private respondents in the said writ petition have passed degree through Open University system and therefore, based upon the said degree, they cannot seek exemption from appearing in the departmental examination. The writ petition came to be filed in March 2013.

3. The writ petition was disposed of on 24.11.2020. The operative portion of the said order is extracted as follows:-

               “12.In these view of the matter, the following orders are passed

               (i) The respondents 3 and 4 are directed to verify the entire service records of the employees concerned and ascertain the validity of their educational qualifications and other eligible criteria prescribed in the rules as well as in the Board Proceedings and accordingly, take a decision to consider the names for the promotion to the post of Assistant Account Officer by following the procedure contemplated.

               (ii) In the event of any changes or amendments are sought to be made, then appropriate orders to be passed and accordingly, the promotions are to be granted by following the procedure contemplated.

               (iii) After verification, if the authorities found that the petitioners are to be promoted then appropriate decision is to be taken to promote the seniors on par with all attendant benefits.

               (iv) The respondents 3 and 4 are directed to strictly follow of the judgment of the Hon'ble Supreme Court of India and the High Court in the matter of validity of the degree qualification in consonance with the regular pattern of education prescribed by the university Grants Commission.

               (v) The respondents 3 and 4 are directed to pass appropriate orders after taking decision in all these issues, as expeditiously as possible, preferably, within a period of four months from the date of receipt of a copy of this order.”

4. In compliance with the order of this Court, proceedings were issued by the Tamil Nadu General Distribution Corporation Limited on 26.10.2021 confirming the inclusion of the private respondents in the promotion panel. Alleging violation of the order of this Court in the writ petition, the first contempt petition came to be filed in Cont.P(MD)No.1641 of 2021. The said contempt petition was closed by this Court on 24.03.2022 with the following observations in paragraph No.5 of the said order which is extracted as follows:-

               “The respondents have considered the service records of the petitioners and if at all no positive orders are passed in favour of the petitioners, it is left open to them to adjudicate the matter in the manner known to law. Contrarily, this Court cannot continue the proceedings in view of the fact that the willful intention or disobedience on the part of the respondents has not been established.”

5. For the second time, the present contempt petition has been filed again alleging violation of the order of this Court in W.P(MD)No.5161 of 2013. According to the learned counsel for the contempt petitioner, Board proceedings No.59 dated 24.05.2013 was not brought to the notice of the Court at the time of disposal of the writ petition even open university degree can be taken into consideration for exemption from departmental test. According to the learned Counsel appearing for the contempt petitioner, the said Board proceedings is not applicable in view of the fact that only exams to be conducted by the Tamil Nadu General Distribution Corporation Limited could be exempted. However, examination to be conducted by the Department of Technical Examination cannot be exempted as per Board proceedings No.59, dated 24.05.2013. He relied upon FB TANGEDCO Proceedings No.34 dated 04.07.2013 which is a clarification for Board proceedings No.59 dated 24.05.2013. Relying upon the said Board proceedings dated 04.07.2013, the learned counsel for the petitioner contended that the department test which are account related subjects cannot be exempted.

6. The learned counsel for the petitioner further submits that the private respondents therein relying upon their open university degree can seek exemption only from the department test conducted by the Tamil Nadu General Distribution Corporation Limited. Admittedly, they have not cleared the account related test conducted by the Directorate of Technical Education. In such circumstances, they should not have been granted promotion ahead of the writ petitioner who has obtained a degree through regular course. In such circumstances, the order of this Court dated 24.11.2020, has categorically pointed out that Board proceedings have to be strictly complied with before granting any promotion to the eligible candidates. Therefore, the authorities have clearly violated the order of this Court.

7. Per contra, the learned Additional Advocate General appearing for the respondents submits that the departmental test includes the test conducted either by the Tamil Nadu General Distribution Corporation Limited or by any other department. The private respondents in the writ petition have obtained a degree through open university system which is valid only for the purpose of granting exemption from passing departmental examination. According to him, the said Board proceedings in B.P. CMD Proceeding No.59 was passed on 24.05.2013 based upon the order of this Court in W.P.(MD)NoS.7276 to 7278 of 2012, dated 27.06.2012. The learned Additional Advocate General further contends that once a contempt petition was closed, no new cause of action has been raised by the petitioner to file a second contempt petition. He further submits that once a degree could be taken into consideration for exemption of departmental examination, distinction cannot be made whether such a said departmental examination is conducted by the Tamil Nadu General Distribution Corporation Limited or by any other department. Such an interpretation would not attract the contempt proceedings. Hence, he prayed for closure of the contempt proceedings.

8. I have considered the submissions made on either side and perused the materials available on record.

9. The facts that have been recorded above will clearly indicate that the present contempt petition is a second attempt to invoke the jurisdiction of this Court. The first contempt petition filed by the writ petitioner in Cont.P(MD)No. 1641 of 2021, came to be closed on 24.03.2022. A perusal of the affidavit filed in support of the contempt petition does not reveal any new cause of action after 24.03.2022. Again the petitioner has chosen to raise the issue of invalid open university degree obtained by the private respondents. As rightly pointed out by the learned Additional Advocate General appearing for the respondents, this Court in W.P.Nos.7276 to 7278 of 2012, has categorically held that the Open University degree can be admitted only for the purpose of granting limited exemption from passing the departmental test. Therefore, whether the department test is conducted by the TANGEDO itself or by the Directorate of Technical Education, the same will remain exempted. No such distinction has been pointed out by this Court while accepting the Open University degree for the purpose of granting exemption from passing the departmental examination.

10. The respondents by an order dated 26.10.2021 have rejected the request of the petitioner by complying with the order of this Court dated 24.11.2020. This order has not been put to challenge. In fact the contempt petition was closed on 24.03.2022 pointing out that no positive orders have been passed in favour of the writ petitioners and therefore, it is left open to them to adjudicate the matter in a manner known to law. This Court has further pointed out that there is no willful disobedience on the part of the respondents. When new cause of action has been pointed out after the closure of contempt on 24.03.2022, the present contempt petition cannot be entertained and the contempt petition stands closed. In case if the petitioner is aggrieved over the any of the action of the Tamil Nadu General Distribution Corporation Limited, it is always open to him to initiate independent proceedings, if he is so advised.