JUDGMENT :- 1. The writ petition was filed by the petitioner seeking to challenge the order dated 22.12.2009 of the first respondent Joint Director of School Education (Hr. Sec). By the aforesaid order, the first respondent imposed the punishment of stoppage of three increments for a period of three years with cumulative effect. 2. The writ petition was admitted on 22.01.2010. Pending the writ petition, this Court granted an interim stay of all further proceedings Aggrieved by the interim order, the respondents have filed a vacate stay application in M.P.No.3 of 2010 together with supporting counter affidavit dated 08.04.2010. 3. In the meanwhile, the petitioner filed a contempt petition being Cont.P.No.524 of 2011 seeking to punish the fourth respondent Headmistress, Government Girls Higher Secondary School, Valappadi, Salem District for floating the orders of this Court. Despite reminders were sent to the respondents, the annual increments are withheld. 4. When the contempt petition came up for hearing on 05.04.2011, the petitioner, who is appearing in person, was absent and it was directed to be posted along with the writ petition, since the order passed by this Court was only an ex-parte interim stay and vacate stay application was also pending. 5. It is the case of the petitioner that he was appointed as a P.G. Assistant at Government Higher Secondary School at Thalaivasal, Attur Taluk, in the year 1999. Subsequently, he was transferred to several places and lastly, during June 2004, he was posted at Valappadi school. The petitioner, apart from his teaching course, is also having academic interest by writing several articles on general subjects. Even during his college days, he was writing many articles. He is also an author of a Tamil play in the name of "KARAIYUM URUVANGAL" (TAMIL). The said play was scripted by him even before he joined the fourth respondent school. 6. During the year 2006, the play viz., "KARAIYUM URUVANGAL" (TAMIL). was brought over in a printed form. That is, the said play was printed only for the purpose of sending it for a Book Selection Committee of Tamil Nadu, which consider such plays, only when the creative work is in the printed form. Despite several letters were sent to the Director of Public Libraries asking him to recommend for purchase of the said books for sending it to various libraries, no reply was given to him. Despite several letters were sent to the Director of Public Libraries asking him to recommend for purchase of the said books for sending it to various libraries, no reply was given to him. His book was not selected by the Book Selection Committee constituted by the second respondent, namely, the Director of Public Libraries. He sent several letters to the second respondent and also sought for information under the Right to Information Act. He finally sent a letter dated 22.12.2007 and a reminder on 04.05.2009. 7. In the last letter, he informed the second respondent about his proposed legal action. The second respondent, angered over the terror of the letter, made a complaint to the first respondent by a communication dated 11.08.2009. Based upon the said complaint, the first respondent issued a show cause notice dated 20.10.2009. It is stated therein that the petitioner while writing the play "KARAIYUM URUVANGAL" (TAMIL) did not get permission from the Department and that he had also in his communication dated 22.12.2007 threatened the Director of Public Libraries about the legal action. Since there were irregularities in the procedure adopted by the Book Selection Committee, reply to his letters were not given. He is likely to initiate action, which may result in penalty on the Director of Public Libraries, which was considered by the first respondent in his communication amounts to contravention of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. 8. Therefore, a show cause notice was issued to the petitioner under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The petitioner in receipt of the said show cause notice, sent a reply dated 10.11.2009 to the first respondent stating that the play was written by him even before he joined the service. But despite more than 200 registered posts were sent to the second respondent, no reply was forthcoming and for appearing in a Court of Law, it does not require any permission and therefore, he has not committed any misconduct. 9. Notwithstanding his reply, the first respondent passed the impugned order imposing the penalty of three increment cut for a period of three years with cumulative effect. 9. Notwithstanding his reply, the first respondent passed the impugned order imposing the penalty of three increment cut for a period of three years with cumulative effect. It is stated that since the petitioner in his reply had stated that he has been sending the play for the last four years by registered post to the Director of Public Libraries, and that he has been appointed in the year 1999 itself in Government service, he did not seek permission from the Government for publishing the said play and thereby, he had contravened Rule 8(4) of the Tamil Nadu Government Servants' Conduct Rules, 1973. Since reliance was placed upon in Rule 8(4) of the Tamil Nadu Government Servants' Conduct Rules, 1973, it is necessary to refer Rule 8(4) in its entirety. "8(4)(a) A Government servant shall not without the permission of the Government publish any book or engage himself habitually in literary or artistic work of any kind : Provided that a Government servant may publish occasionally books on literature, short story, novel, drama, essay and poetry without obtaining the prior permission of any higher authority, subject to the condition that he/she does not use his/her time and official position to influence the promotion of the sale of such books and that such books do not contain matters of political aspects, objectionable matter and views against the policy of the Government. (b) Permission to publish a book shall ordinarily be given, subject to the condition that the Government servant does not use his time and official influence for promoting the sale of copies of the book : Provided that any member of the teaching or the academic staff (both Gazetted and non-Gazetted) of all Government Educational and Research Institutions inclusive of Technical Educational Institutions, may publish books on professional and academic subjects without obtaining the prior permission of any higher authority, subject to the condition that he/she does not use his/her time and official influence for promoting the sale of copies of such articles or books, as the case may be, and that such publications do not relate to any acts and policies of the Government and the provisions of clause (d) shall not apply to such publication. (c) Permission to accept remuneration on "royalty basis" from the publishers shall be given in all cases except in the case of text-books for use in educational institutions. (c) Permission to accept remuneration on "royalty basis" from the publishers shall be given in all cases except in the case of text-books for use in educational institutions. In the case of text-books, permission to accept remuneration shall be given subject to the conditions that the Government servant retains to interest in the sale of copies of the book and that he receives only a lumpsum as remuneration from the publisher : Provided that any member of the teaching or the academic staff (both Gazetted and non-Gazetted) of all Government Educational and Research Institutions, who writes books on professional and academic subjects, may receive remuneration on royalty basis irrespective of the fact whether the books are text-books or general books : Provided further that a Government servant who writes books on literature, short story, novel, drama, essay and poetry shall immediately report to the prescribed authority the remuneration he receives from the publisher. Explanation. - For determining whether a book is a text-book or is a general book, the chief consideration shall be whether it is being submitted to the Text-Book Committee, in the case of text-books for elementary and secondary schools and whether it is a book written according to the syllabus prescribed by the University and is being submitted to the appropriate University Body for approval, in case of text-books for colleges. A general book which may later happen to be approved as a text-book shall not be deemed to be a text-book for purposes of this clause. (d) While applying to the Government for permission to publish a book which relates to acts or policies of Government, the Government servant shall submit to the Government for scrutiny a manuscript copy thereof. (e) No Government servant who is a member of the Text-Book Committee shall write or edit any text-book for use in a recognised school during his membership of the Committee. Explanation. - A recognised school shall mean a school maintained by, or opened with the sanction of, the Government or to which recognition has been accorded under the Tamil Nadu Educational Rules or under the rules framed under the Tamil Nadu Elementary Education Act, 1920 (Tamil Nadu Act VIII of 1920)." 10. A perusal of the affidavit and proviso to Rule 8(4)(a) and (b) is not attracted in the case of the petitioner. A perusal of the affidavit and proviso to Rule 8(4)(a) and (b) is not attracted in the case of the petitioner. In fact, the defence of the petitioner is that the play "KARAIYUM URUVANGAL" (TAMIL) was written before he entered into Government service. He had not given any date of publication. He had merely sent copies to the Director of Public Libraries for placing it before the Book Selection Committee and when he repeated that would not amount to get permission for publishing the same and there is no indication that the publication was of any political matter. 11. On the other hand, the Director of Public Libraries piqued by the repeated reminders informed his colleague in the Education Department to take action against the petitioner, especially when no such action was contemplated, the first respondent without reference to any Rule provision, had simply issued a show cause notice followed by a punishment. The punishment imposed on the petitioner is unwarranted. It is not as if the Government Servants' uses his fundamental right guaranteed under Article 43 of the Constitution, especially when the petitioner had not contravened any of the rule and more particularly, Rule 8 of the Tamil Nadu Government Servants' Conduct Rules, 1973. 12. The Supreme Court vide its judgment in KAMESHWAR PRASAD VS. STATE OF BIHAR reported in AIR 1962 SC 1166 has held that the Constitution of India does not exclude Government servants as class from the protection of civil rights guaranteed by Part III. In the present case, even the rights for reasonable restriction was provided under Article 19 can have no application, since the rules have specifically provide the right for the Government servants to publish work of art even without permission. Merely because the second respondent is angered by the communication sent by the petitioner, the petitioner who is a school teacher will ipso facto to result in a disciplinary action without there being any warrant in that regard. 13. In the light of the above, the impugned order stands set aside and the writ petition stands allowed. The respondents are hereby directed to implement the order of this Court within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 13. In the light of the above, the impugned order stands set aside and the writ petition stands allowed. The respondents are hereby directed to implement the order of this Court within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. CONTEMPT PETITION NO.524 OF 2011 Since the contempt arose only against the interim order passed by this Court and the Headmistress of the School is noway responsible, this Court is not inclined to pursue the contempt petition and hence, the same stands dismissed.