A.Alexandar v. Baladhandauthapani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED A.Alexandar ... Petitioner vs.

Balathandayuthapani, Chief Educational Officer, Kanyakumari District.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the respondent herein for the deliberate and willful disobedience of the order of this Court, dated 17.10.2024 passed in W.P.(MD)No.6016 of 2019 amounting to Contempt of Court under Section 11 of the Contempt of Courts Act, 1971.

For Petitioner :Mr.E.V.N.Siva For Respondent :Mr.F.Deepak Special Government Pleader *****

O R D E R

This is a petition seeking initiation of contempt proceedings against the respondent for violation of the order of the Writ Court, dated 17.10.2024 passed in W.P.(MD)No.6016 of 2019.

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2.Heard Mr.E.V.N.Siva, learned Counsel for the petitioner and Mr.F.Deepak, learned Special Government Pleader for the respondent. 3.When the matter was taken up on 22.04.2025, this Court has passed the following order:

" Mr.F.Deepak, learned Special Government Pleader for the respondent submits that the process in compliance of the order passed by this Court in W.P.(MD) No.6016 of 2019, dated 17.10.2024 and in Cont.P.(MD) No.728 of 2025, dated 20.03.2025 is going on. He wants some further time to make compliance of the said order and to file a compliance affidavit along with a decision taken by the respondent.

2.Mr.E.V.N.Siva, learned counsel for the petitioner has no objection to the aforesaid prayer made by the learned Special Government Pleader for the respondent.

3.Accordingly, as prayed for by the learned Special Government Pleader for the respondent, one week time is granted to make compliance of the orders of this Court dated 17.10.2024 and 20.03.2025 and to file a compliance affidavit in this regard along with a decision taken by the respondent, failing which, the respondent shall appear before this Court in person and explain as to why the order has not been complied with.

4.Put up this case 'for orders' on 28.04.2025 before the appropriate Bench."

4.Today, when the matter is being taken up, Mr.F.Deepak, learned Special Government Pleader for the respondent has produced a compliance affidavit annexing the copy of the order, dated 25.04.2025. passed by the respondent and in paragraph No.6 of the compliance affidavit, it has been clearly stated that the respondent has made fully complied with the judgment and order passed by this Court, dated 17.10.2024 passed in W.P.(MD)No. 6016 of 2019 and the approval for appointment of the petitioner as Pre2/5

Vocational Instructor was granted. The compliance affidavit, dated 25.04.2024 is produced before this Court, which is taken on record. The copy of the compliance affidavit, dated 25.04.2024 was also served on the learned Counsel for the petitioner. Mr.F.Deepak, learned Special Government Pleader also assures that whatever the monetary and other benefits due to the petitioner shall be paid to him within a period of two months from today. Thus, Mr.F.Deepak, learned Special Government Pleader submits that as the respondent has made complied with the judgment and order passed by this Court dated 17.10.2024 passed in W.P.(MD)No.6016 of 2019, he may be discharged from the present Contempt Proceedings. 5.Mr.E.V.N.Siva, learned Counsel for the petitioner submits that he has also received the compliance affidavit, dated 25.04.

2024 along with the copy of the decision taken by the respondent, dated 25.04.2025 and submits that the respondent has made complied with the judgment and order passed by this Court dated 17.10.2024 passed in W.P.(MD)No.6016 of 2019. Thus, he submits that the approval for the appointment of the petitioner to the post of Pre-Vocational Instructor has also been granted. He also submits that as assured by the learned Special Government Pleader, the monetary benefits be paid to the petitioner within a period of two months from today and he has no objection that the respondent may be discharged from the present contempt proceedings and the Contempt Petition may be disposed of.

6.Accordingly, In view of the submissions made by the learned counsel for the parties and after perusal of the compliance affidavit, especially at paragraph No.6 of the compliance affidavit and the order passed on behalf of the respondent, dated 25.04.2025, by which the approval for appointment of the petitioner was granted, this Court also deem it appropriate that no useful purpose would be served by keeping the contempt proceedings pending. Accordingly, the respondent is discharged from the contempt proceedings. The respondent shall paid all the service and monetary benefits payable to the petitioner, as assured by the learned Special Government Pleader, within a period of two months from today.

7.In view of the above, the Contempt Petition is disposed of. The file shall be consigned to record. No costs.

Index :Yes / No 28.04.2025 Internet :Yes / No NCC :Yes / No cmr To The Chief Educational Officer, Kanyakumari District.

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SHAMIM AHMED, J.

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