X.Kavitha v. N.Senthil Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025

CORAM:

THE HONOURABLE DR JUSTICE R.N.MANJULA in W.P.(MD) No.20779 of 2022 X.Kavitha ... Petitioner / Petitioner Vs.

1.N.Senthil Kumar The District Educational Officer, The Office of District Educational Officer (Now at Sivakasi) Virudhunagar District.

2.V.Selvalakshmi The Block Educational Officer, The Office of Block Educational Officer, Srivilliputhur, Virudhunagar District.

... Contemnors/ Respondents1 and 2 Prayer: Petition filed under Section 11 of the Contempt of Courts Act, to punish the Contemnors/ Respondents 1 and 2 for their deliberate and wilful disobedience of the order of this Court dated 18.06.2024 in W.P(MD).No.20779 of 2022 under Article 215 of the Constitution of India r/w Section 11 of the Contempt of Courts Act, 1971. for

disobedience of the order of this Court in W.P(MD).No.16713 of 2024 dated 24.07.2024.

For Petitioner :

Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents :

Mr.T.Amjadkhan Government Advocate

ORDER

This contempt case has been filed complaining willful disobedience of the respondents in implementing the order dated 18.06.2024 in W.P.(MD)No.20779 of 2022 passed by this Court.

2. This Court vide order dated 18.06.2024 in W.P(MD).No.20779 of 2022 has directed the respondents therein to consider and pass orders regarding approval of appointment of the petitioner as Secondary Grade Assistant in third respondent School with effect from 07.08.2017. In pursuant to the said order and on the pretext of complying the same, proceedings have been issued by the District Educational Officer/first respondent herein, on 04.09.2024, refusing to approve the appointment

of the petitioner as Secondary Grade Teacher citing the very same reason in the impugned proceedings i.e., deployment of surplus, which amounts to wilful violation of the order passed by this Court. Hence, this contempt petition has been filed.

3. When the matter was taken up for hearing on 13.06.2025, this Court passed order as follows:

"Mr. T. Amjadkhan, learned Government Advocate takes notice for the respondent.

2.It is seen from the records that on the pretext of complying the order, proceedings have been passed on 04.09.2024 by stating the very same reason of deployment of surplus.

3.In fact, the order passed in the writ petition in paragraph No.6 and 8 it has been specifically stated that the reasons as to why the principle of surplus is not applicable to the case of the petitioner and a categorical finding has also been rendered that the respondents cannot decline the approval by citing the above reason. So the proceedings, dated 04.09.2024 is directly in contravention with the above order and the same has got every element of violating the orders.

4.Issue statutory notice to the respondents returnable by 11.07.2025. "

4. When the matter came up for hearing today i.e., on 11.07.2025, it is reported that a revised order has been passed on 18.06.2025 approving the petitioner as Secondary Grade Teacher in third respondent School w.e.f.07.08.2017 am.

5. Recording the same, since the order of this Court dated 18.06.2024 made in W.P(MD).No.20779 of 2022 has been complied with, nothing survives for further adjudication in this case. Accordingly, this Contempt Petition is closed.

11.07.2025 NCC : Yes/No Index : Yes/No Rmk

To 1.N.Senthil Kumar The District Educational Officer, The Office of District Educational Officer (Now at Sivakasi) Virudhunagar District.

2.V.Selvalakshmi The Block Educational Officer, The Office of Block Educational Officer, Srivilliputhur, Virudhunagar District.

DR.R.N.MANJULA , J.

Rmk in W.P.(MD) No.20779 of 2022 Dated :11.07.2025