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Madras High CourtCONT P(MD)/55/2025disposed of

Arulraj.S v. N.Kannan,

2025-03-18Honourable Mr.Justice Shamim Ahmed5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED S.Arulraj ... Petitioner vs.

N.Kannan, District Educational Officer (i/c), (Secondary Education), Thoothukudi, Thoothukudi District.

Earlier The District Educational Officer, Thoothukudi, Thoothukudi District.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the respondent herein for their deliberate and wilful disobedience of the order of this Court, dated 22.02.2021 in Writ Petition (MD)No.3330 of 2021.

For Petitioner :Ms.A.Amala For Respondent :Mr.F.Deepak Special Government Pleader *****

O R D E R

Heard Ms.A.Amala, learned Counsel for the petitioner and Mr.F.Deepak, learned Special Government Pleader for the respondent. 1/5

2.This is a petition seeking initiation of contempt proceedings against the respondent for violation of the order, dated 22.02.2021 passed by this Court in W.P.(MD)No.3330 of 2021.

3.The Writ Petition filed by the petitioner bearing W.P.(MD)No.3330 of 2021 was disposed of by this Court by order, dated 22.02.2021, with a direction to the respondent to consider the representation of the petitioner seeking incentive increment and pass orders on merits. The learned Counsel for the petitioner submits that as the judgment and order passed by this Court, dated 22.02.2021, was not complied with, being no alternative, the petitioner has filed the present Contempt Petition with a prayer that the respondent had deliberately and wilfully flouted the judgment and order passed by this Court and thus, he should be summoned and punished for committing contempt of Court by exercising the powers under Sections 11 and 12 of the Contempt of Court Act.

4.Today, when the matter is being taken up, Mr.F.Deepak, learned Special Government Pleader produced a compliance affidavit annexing the copy of the order passed by the respondent, dated 07.03.2025 by which, he submits that the respondent had made fully complied with the directions issued by this Court and the petitioner was granted incentive increment for possessing higher educational degree. The compliance affidavit annexing the 2/5

order passed by the respondent, dated 07.03.2025 is taken on record. The copy of the compliance affidavit has also been given to the learned Counsel for the petitioner. Thus, the learned Special Government Pleader submits that as the judgment and order passed by this Court has been fully complied with by the respondent, the respondent may be discharged from the present contempt proceedings.

5.Ms.A.Amala, learned Counsel for the petitioner submits that she also received the compliance affidavit along with the order passed by the respondent, dated 07.03.2025 and on perusing the order of the respondent, dated 07.03.2025, she submits that the incentive increment has not been made as per the directions issued by this Court and only a lump sum amount has been paid to the petitioner. She submits that if the petitioner is not satisfied with order passed by the respondent, after taking legal advise, the petitioner will challenge the order of the respondent. She further submits that she has no objection, if the respondent is discharged from the contempt proceedings at this stage and the Contempt Petition may be disposed of. 6.After considering the arguments, as advanced by the learned Counsel for the parties and after perusal of the order passed by this Court in W.P.(MD)No.3330 of 2021, dated 22.02.2021 and the order passed by the respondent, dated 07.03.2025, this Court is also satisfied that the respondent 3/5

had made fully complied with the directions issued by this Court and no useful purpose will be served in continuing the present contempt proceedings any further. Accordingly, the respondent is discharged from the present contempt proceedings at this stage and the present Contempt Petition is disposed of. If the petitioner is aggrieved by the order passed by the respondent, dated 07.03.2025, he may challenge the same before the competent Court of law. The file is consigned to record. No order as to costs. Index :Yes / No 18.03.2025 Internet :Yes / No (2/3) NCC :Yes / No cmr To The District Educational Officer (i/c), (Secondary Education), Thoothukudi, Thoothukudi District.

Earlier The District Educational Officer, Thoothukudi, Thoothukudi District.

4/5

SHAMIM AHMED, J.

cmr 18.03.2025 (2/3) 5/5