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Madras High CourtCONT P(MD)/66/2025disposed of

Maheswari.S v. L.Rejini

2025-04-22Honourable Mr.Justice Shamim Ahmed9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.17990 of 2021 S.Maheswari, Drawing Teacher, Hindu Higher Secondary School, Kizhapuliyur - 627 814, Tenkasi District.

...Petitioner/Petitioner

Vs 1.Mrs.L.Rejini, The Chief Educational Officer, Tenkasi, Tenkasi District.

2.Mrs.K.Amalathanga Thai, The District Educational Officer, Tenkasi, Tenkasi District, Now Re-designated as, The District Educational Officer (Secondary), Tenkasi, Tenkasi District.

...Contemnors/Respondents 1/9

PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnors/ Respondent for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No. 17990 of 2021, dated 02.09.2022.

For Petitioner : Mr.T.Pon Ramkumar For Respondents : Mr.F.Deepak Special Government Pleader

ORDER

This is a petition seeking initiation of contempt proceedings against the Respondents for violation of the order, dated 02.09.2022 passed by this Court in W.P.(MD)No.17990 of 2021.

2. Heard Mr.T.Pon Ramkumar, learned counsel appearing for the Petitioner and Mr.F.Deepak, learned Special Government Pleader appearing for the Respondents.

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3. When the matter was taken up on 20.03.2025, this Court passed the following order:

"2. Ms.Oviya, learned counsel for Mr.T.Pon Ramkumar, learned counsel for the Petitioner submits that despite the judgment and order passed by the learned Single Judge of this Court dated 02.09.2022 in W.P.(MD)No.17990 of 2021 as well as the order passed by this Court dated 20.02.2025 in the present contempt petition, the Respondents have not complied with the directions of this Court.

3. Mr.F.Deepak, learned Special Government Pleader, submits that as the proceedings are going on to make compliance of the judgment and order passed by this Court dated 02.09.2022 in W.P.(MD)No.17990 of 2021 and requests 10 days' time to ensure compliance with the said order.

4. In view of the assurance given by Mr.F.Deepak, learned Special Government Pleader for the Respondents, this Court grants the Respondents a final opportunity to comply with the judgment and order of this Court dated 02.09.2022 in W.P.(MD)No.17990 of 2021, without fail, 3/9

within a period of ten days from today. The Respondents are directed to communicate the decision taken by them to the Petitioner and to file an affidavit of compliance in this regard within a period of ten days from today. Failure to comply with the said order within the stipulated time frame will require the personal appearance of the Respondents before this Court on the next date fixed.

5. Put up this case on 16.04.2025 "For Orders".

6. Let a copy of this order is given to Mr.F.Deepak, learned Special Government Pleader for its necessary compliance and information to the Respondents. "

4. Pursuant to the order dated 20.03.2025, Mr.F.Deepak, the learned Special Government Pleader for the Respondents, has produced an order dated 16.04.2025 passed by the 1st Respondent/The Chief Educational Officer, Tenkasi District along with the compliance affidavit and submits that the Respondents have fully complied with the orders passed by the Writ Court dated 02.09.2022 in W.P.(MD)No.17990 of 2021. A copy of the said order and the compliance affidavit has been taken on record and furnished to the learned counsel for the Petitioner. 4/9

5. Mr.F.Deepak, learned Special Government Pleader for the Respondents, further submits that in the 8th paragraph of the compliance affidavit, it has been clearly stated that necessary approval has been granted to the Petitioner for appointment to the post of Drawing Teacher vide order dated 16.04.2025, and it was also mentioned in paragraph 8 that the Respondents instructed the Management of the School to submit necessary bills before the District Educational Officer, Tenkasi, for disbursing the monetary benefits to the Petitioner. Thus, he submits that the judgment and order passed by the Writ Court dated 02.09.2022 in W.P.(MD)No.17990 of 2021 have been fully complied with, and therefore, he prays that the Respondents be discharged from the contempt proceedings.

6. Mr.T.Pon Ramkumar, learned counsel appearing for the Petitioner, submits that the judgment and order passed by the Writ Court dated 02.09.2022 in W.P.(MD)No.17990 of 2021 has been fully complied with by the 1st Respondent/ the Chief Educational Officer, Trichy District, and 5/9

that in this regard, an order has also been issued, which was received by the Petitioner. He further states that he has no objection to the Respondents being discharged from the contempt proceedings.

7. The learned counsel for the Petitioner further submits that the Respondent may also be directed to pay the monetary benefits to the Petitioner forthwith.

8. The learned Special Government Pleader submits that once an order has already been passed by this Court, it is the duty of the Respondents to comply with the order, and thereafter, the Respondents may certainly consider the claim of the Petitioner in respect of monetary benefits from the date of approval. He also assures this Court that the monetary benefits would be disbursed, after completing other formalities, within a period of two months from today.

9. Considering the submissions made by the learned counsel for the Petitioner and the learned Special Government Pleader for the 6/9

Respondents, and upon perusal of the order dated 16.04.2025, this Court is satisfied that the Respondents have fully complied with the judgment and order of the Writ Court dated 02.09.2022 in W.P.(MD)No.17990 of 2021. The learned Special Government Pleader has also assured that the monetary benefits will be disbursed within a period of two months from today. In view of this assurance, this Court deems it appropriate to drop the contempt proceedings. Accordingly, the Respondents are discharged from the contempt proceedings.

10. In view of the above, the Contempt Petition is disposed of with a direction to the Respondents to disburse the monetary benefits to the Petitioner within a period of two months from today, without fail. The file shall be consigned to the record. There shall be no order as to costs. 22.04.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr 7/9

To:

1.The Chief Educational Officer, Tenkasi, Tenkasi District.

2.The District Educational Officer, Tenkasi, Tenkasi District, Now Re-designated as, The District Educational Officer (Secondary), Tenkasi, Tenkasi District.

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SHAMIM AHMED , J.

Nsr 22.04.2025 9/9