Bala Vinayagar High School v. Amala Thangathai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.12759 of 2018 Bala Vinayagar High School, Represented by its Secretary, S.Vallimayil, D/o.Agilandam, Sivagiri, Tenkasi District.

...Petitioner/Petitioner

Vs Mrs.Amala Thangathai, The District Educational Officer, Tenkasi, Tenkasi District.

...Contemnor/Respondent PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnor/ Respondent for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No. 12759 of 2018, dated 17.10.2024.

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For Petitioner : Ms.B.Kalpana For Mr.S.Chellapandian For Respondent : 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 17.10.2024 passed by this Court in W.P.(MD)No.12759 of 2018.

2. Heard Ms.B.Kalpana, learned counsel, for Mr.S.Chellapandian appearing for the Petitioner and Mr.F.Deepak, learned Special Government Pleader appearing for the Respondent.

3. Ms.B.Kalpana, learned counsel, appearing for the Petitioner, submits that the Petitioner has challenged the impugned order dated 17.04.2018 in W.P.(MD)No.12759 of 2018, on the ground that the Respondents have erroneously treated the sanctioned post of 2/6

Pre-Vocational Instructor as surplus and the Respondents have erroneously rejected the request of the Petitioner School for sanctioning the conversion of the Pre-Vocational post of Weaving Instructor to that of Sewing Mistress and allow the Petitioner School to fill up the post of Pre-Vocational Instructor (Sewing Mistress) and also seeks direction against the Respondents to pass appropriate orders permitting the conversion of the post of Instructor in Weaving into Instructor Sewing with all other consequential service and monetary benefits with effect from 01.06.2006. The learned Single Judge of the Writ Court allowed the aforementioned writ petition vide order dated 17.10.2024. For better appreciation, the relevant portion of the order is reproduced below: "7. Accordingly, the impugned order dated 17.04.

(12) weeks from the date of receipt of a copy of this order. No costs."

4. Today, when the matter is being taken up, Mr.F.Deepak, learned Special Government Pleader for the Respondents, produced an order dated 22.04.2025, passed by the District Educational Officer, Tenkasi District and submits that the Respondents have fully complied with the Court's order dated 17.10.2024 in W.P.(MD)No.12759 of 2018. A copy of the order dated 22.04.2025 has been taken on record and furnished to the learned counsel for the Petitioner. Therefore, he prays that the Respondents be discharged from the contempt proceedings.

5. Ms.B.Kalpana, learned counsel for the Petitioner, submits that she has received a copy of the order dated 22.04.2025 passed by the Respondent/District Educational Officer, Tenkasi Disrict and submits that the Respondent has fully complied with the Court's order dated 17.10.2024 in W.P.(MD)No.12759 of 2018. The learned counsel further states that she has no objection to the Respondent being discharged from the contempt proceedings.

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6. Considering the submissions made by the learned counsel for the Petitioner and the learned Special Government Pleader for the Respondent, and upon perusal of the order dated 22.04.2025, this Court is satisfied that the Respondent has fully complied with the judgment and order of the Writ Court dated 17.10.2024 passed in W.P.(MD)No.12759 of 2018. In view of the same, this Court deems it appropriate that no useful purpose would be served by keeping the contempt proceedings pending. Therefore, the Respondent is discharged from the contempt proceedings.

7. In view of the above, the Contempt Petition is disposed of. The file shall be consigned to record. There shall be no order as to costs. 23.04.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr 5/6

SHAMIM AHMED , J.

Nsr To:

The District Educational Officer, Tenkasi, Tenkasi District.

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