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Madras High CourtCONT P(MD)/1106/2025disposed of

A.John Fredy v. Baladhandauthapani

2025-06-10Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.13893 of 2021 A.John Fredy, Office Assistant, St.Aloysius Higher Secondary School, Marthandanthurai, Kollemcode Post, Kanyakumari District.

Petitioner/Petitioner Vs 1.Mr.Baladhandauthapani, The Chief Educational Officer, Nagercoil, Kanyakumari District.

2.R.Sherlin Vimal, District Educational Officer, Kuzhithurai, Kanyakumari District. Contemnors/Respondents 1 & 2 PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnors/ Respondents 1 & 2 for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.13893 of 2021, dated 12.08.2024.

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For Petitioner : Mr.E.V.N.Siva For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This is a petition seeking initiation of contempt proceedings against the Respondents for violation of the order, dated 12.08.2024 passed by this Court in W.P.(MD)No.13893 of 2021.

2. Heard Mr.E.V.N.Siva, learned counsel for the Petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader on behalf of the Respondents.

3. Mr.E.V.N.Siva, learned counsel for the Petitioner submits that the petitioner was appointed as Office Assistant in the St.Aloysius Higher Secondary School, Marthandanthurai, Kollemcode Post, Kanyakumari District, on 08.10.2020. The said Institution sent a proposal to the Respondents for approval of appointment of the petitioner in the post of 2/6

Office Assistant with effect from 08.10.2020. However, no order has been passed. Aggrieved over the same, the petitioner has filed a Writ Petition in W.P.(MD)No.13893 of 2021. The learned Single Judge of this Court vide judgment and order dated 12.08.2024 disposed of the said Writ Petition. For better appreciation, the relevant portion of the order is reproduced below:

"5. For the foregoing reasons, this Court directs the respondents 2 and 3 to pass final orders on the proposal submitted by the fourth respondent seeking approval for appointment of the petitioner as Office Assistant in the fourth respondent school with effect from 08.10.2020 within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed."

4. Today, when the matter is being taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondents, produced an 3/6

order dated 26.03.2025, passed by the Chief Educational Officer, Kanyakumari District / 1st Respondent and submits that the Respondents have complied with the order of the Writ Court dated 12.08.2024 passed in W.P.(MD)No.13893 of 2021 of 2021. A copy of the said order has been taken on record and furnished to the learned counsel for the Petitioner. Therefore, he prays that the Respondents may be discharged from the contempt proceedings.

5. Mr.E.V.N.Siva, learned counsel for the Petitioner submits that he has received the copy of the order dated 26.03.2025 and submits that the direction issued by this Court vide judgment and order dated 12.08.2024 in W.P.(MD)No.13893 of 2021 of 2021 has been fully complied with. He further states that he has no objection to the Respondents being discharged from the contempt proceedings.

6. Considering the submissions made by the learned counsel for the Petitioner and the learned Additional Government Pleader for the Respondents, and upon perusal of the order dated 26.03.2025 passed by 4/6

the Chief Educational Officer, Kanyakumari District / 1st Respondent, this Court is satisfied that the Respondents have fully complied with the judgment and order of the Writ Court dated 12.08.2024 passed in W.P.(MD)No.13893 of 2021 of 2021. 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 Respondents are 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. 10.06.2025 Nsr To:

1.The Chief Educational Officer, Nagercoil, Kanyakumari District.

2.The District Educational Officer, Kuzhithurai, Kanyakumari District.

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SHAMIM AHMED , J.

Nsr 10.06.2025 6/6