A. Leema Pushpam, v. Thiru. Kabeer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN A.Leema Pushpam Correspondent and Headmistress, Jayarani Girls Higher Secondary School, Nethimedu, Salem District - 636 0002.

... Petitioner Vs.

Kabeer, Chief Educational Officer, District Collectorate Compound, Salem District - 636 001.

... Respondent Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent, the Chief Educational Officer, Salem District herein for their delibrate and wilful disobedience of the order of this Court dated 05.02.2024 in W.P.No.23800 of 2022 under Section 11 of the Contempt of Courts, 1971.

For Petitioner : Mr.G.Mutharasu For Respondent : Mrs.P.Rajarajeswari Government Advocate

ORDER

This Contempt Petition has been filed to punish the respondent for non compliance of the order dated 05.02.2024, passed by this Court in W.P.No.23800 of 2022, thereby directing the respondent to approve the proposal sent by the petitioner for the appointment of one V.Anthoniammal Selvarani as B.T. Assistant (Maths) in the petitioner's school with effect from her appointment i.e., on 09.06.2017 forthwith. 2.

The respondent filed counter and the learned Government Advocate appearing for the respondent submitted that on 03.01.2025, the District Educational Officer made inspection on the petitioner's school. On inspection, it is found that the said V.Anthoniammal Selvarani was not working in the petitioner's school with effect from 21.06.2023. Further the petitioner did not even whisper anything in the contempt petition as well as the affidavit filed in support of the contempt petition. Even at the time of passing order by this Court, the said V.Anthoniammal Selvarani was not working as teacher in the petitioner's school. 3.

However, the learned counsel appearing for the petitioner

submitted that the said V.Anthoniammal Selvarani is entitled for the monetary benefits from the date of her initial appointment viz., 09.06.2017 till her resignation.

4.

When the concerned teacher is not working in the school, there is no question of approval of her appointment and as such she is not entitled for any salary from the respondent. Hence, no contempt is made out as against the respondent and this petition is liable to be dismissed. 5.

Accordingly, the Contempt Petition stands dismissed. 10.09.2025 Index : Yes/No : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To The Chief Educational Officer, District Collectorate Compound, Salem District - 636 001.

10.09.2025