A.Thangaleethial Selvapackiam v. Anto Ruban

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.22139 of 2017 A.Thangaleethial Selvapackiam, Korampallam - 628 101, Thoothukudi District.

Petitioner/Petitioner Vs 1.Mr.Anto Ruban, District Elementary Educational Officer, Now District Educational Officer, (Elementary), Pudukottai, Thoothukudi District.

2.Mrs.M.Dhanalakshmi, Additional Assistant Elementary Educational Officer, Now Block Educational Officer, Pudukottai, Thoothukudi District.

3.Mr.B.Chandra Mohan, Secretary, School Education Department, Secretariat, Chennai.

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4.Mr.S.Kannappan, Director of Elementary Education, Chennai.

Contemnors/Respondent 1, 2, 4 & 5 PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnors/Respondents for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.22139 of 2017, dated 23.10.2024.

For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This is a petition seeking initiation of contempt proceedings against the Respondent for alleged violation of the order, dated 23.10.2024 passed by the Writ Court in W.P.(MD)No.22139 of 2017.

2. Heard Mr.V.Panneer Selvam, learned counsel, for the Petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader, who accepts notice on behalf of the Respondents. Therefore, no further notice is required to be issued to the Respondents.

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3. The Contempt Petition has been filed for non compliance of the judgment and order passed by the Writ Court in W.P.(MD)No.22139 of 2017 dated 23.10.2024 and the learned Single Judge of this Court disposed of the said Writ Petition in the following terms: "5. For the foregoing reasons, this Court directs the third respondent school to submit a fresh proposal, seeking for approval for the appointment of the petitioner as Pre-Vocational Instructor in Sewing from the date of appointment i.e., from 12.07.2010, to the first respondent through the second respondent within a period of four weeks from the date of receipt of a copy of this order. On receipt of the said proposal, the first respondent shall pass final orders on merits and in accordance with law, in the light of the well settled law that the post of Pre-Vocational Instructor in Sewing is a single cadre post and cannot be treated as surplus, within a period of twelve weeks thereafter.

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

4. Today, when the matter was taken up, Mr. D. Sadiq Raja, learned Additional Government Pleader for the Respondents, filed an affidavit of 3/7

compliance along with the order dated 02.03.2025 passed by the 1st Respondent/District Educational Officer (Elementary), Pudukottai, Thoothukudi District. He submitted that the Petitioner's claim was rejected in accordance with law, based on the relevant legal principles. Thus, he submits that the Respondents have complied with the order of the Writ Court dated 23.10.2024 passed in W.P.(MD)No.22139 of 2017. A copy of the said order has been taken on record and the same has been furnished to the learned counsel for the Petitioner. Therefore, he prays that the Respondents may be discharged from the contempt proceedings.

5. Mr.V.Panneer Selvam, learned counsel for the Petitioner submits that he has received a copy of the order dated 02.03.2025 along with compliance affidavit, wherein the Respondent has decided the Petitioner's claim, albeit rejecting it. He further submits that if the Petitioner is aggrieved by the said order, he may be permitted to challenge it before the competent Court of law. The learned counsel states that he has no objection to the Respondents 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 Additional Government Pleader for the Respondents, and upon perusal of the order dated 02.03.2025, passed by the 1st Respondent/District Educational Officer (Elementary), Pudukottai, Thoothukudi District, this Court is satisfied that the Respondents have fully complied with the judgment and order of the Writ Court dated 23.10.2024 passed in W.P.(MD)No.22139 of 2017. 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 with liberty to the Petitioner to challenge the order dated 02.03.2025 before the competent Court of law, if he is so aggrieved. The file shall be consigned to record. There shall be no order as to costs. 03.07.2025 Nsr Index:Yes/No Web:Yes/No Speaking/Non Speaking 5/7

To:

1.The District Elementary Educational Officer, Now District Educational Officer, (Elementary), Pudukottai, Thoothukudi District.

2.The Additional Assistant Elementary Educational Officer, Now Block Educational Officer, Pudukottai, Thoothukudi District.

3.The Secretary, School Education Department, Secretariat, Chennai.

4.The Director of Elementary Education, Chennai.

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SHAMIM AHMED , J.

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