J.Chandra v. M.K.C.Subhashini

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED J.Chandra ... Petitioner vs.

1.M.K.C.Subhashini, Chief Educational Officer, Tirunelveli, Tirunelveli District.

2.C.Vasantha, District Educational Officer, Tirunelveli, Tirunelveli District.

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the respondents for willful disobedience of the order passed by this Court in W.P.(MD)No.16286 of 2021, dated 23.09.2021. For Petitioner :Mr.T.Pon Ramkumar For Respondents :Mr.F.Deepak Special Government Pleader *****

O R D E R

Heard Mr.T.Pon Ramkumar, learned Counsel for the petitioner and Mr.F.Deepak, learned Special Government Pleader for the respondents. 1/5

2.This is a petition seeking initiation of contempt proceedings against the respondents for violation of the order, dated 23.09.2021, passed by this Court in W.P.(MD)No.16286 of 2021.

3.The petitioner had filed a Writ Petition bearing W.P.(MD)No.16286 of 2021 before this Court for quashing the impugned order, dated 09.05.2019, passed by the second respondent with a prayer to award annual increments, incentive, surrender leave benefits and other attendant benefits including pay fixation and allowances from the date of her appointment, ie., 24.07.2017. This Hon'ble Court vide judgment and order, dated 23.09.2021, allowed the Writ Petition with the following direction:- "7.Accordingly, the impugned order passed by the second respondent dated 09.05.2019 is quashed and this Writ Petition is allowed. The respondents are directed to award annual increments, incentive, surrender leave benefits and other attended benefits to the petitioner including pay fixation and allowances from the date of his appointment viz., 24.07.2017 without insisting to pass in Teacher Eligibility Test, subject to the outcome of any modification or any order passed by the Court. No costs.

Consequently, connected miscellaneous petition is closed. "

4.The learned Counsel for the petitioner further submits that despite the judgment and order passed by the this Court in W.P.(MD)No.16286 of 2021, dated 23.09.2021, the respondents have not complied with the directions of this Court and have wilfully and deliberately flouting the order passed by this Court and thus, they have committed the contempt of Court 2/5

and they should be summoned and punished by this Court by exercising the power under Sections 11 and 12 of the Contempt of Court Act. 5.Today, when the matter is being taken up for hearing, Mr.F.Deepak, learned Special Government Pleader for the respondents has produced an order, dated 12.03.2025 passed by the second respondent in which, it has been stated that the petitioner was given all the benefits, as directed by this Court vide judgment and order, dated 23.09.2021. The copy of the order has been produced before this Court, which is taken on record. The copy of the order, dated 12.03.2025 was also given to Mr.T.Pon Ramkumar, learned Counsel for the petitioner. Thus, the learned Special Government Pleader submits that the direction issued by this Court has been fully complied with and the respondents may be discharged from the present contempt proceedings.

6.Mr.T.Pon Ramkumar, learned Counsel for the petitioner submits that the petitioner has also received the entire benefits, as directed by this Court vide judgment and order, dated 23.09.2021 passed in W.P.(MD)No.16286 of 2021 and the respondents have also passed an order, dated 12.03.2025. Thus, he submits that no amount is due against the respondents and he submits that the petitioner has no objection, if the respondents are discharged from the present contempt proceedings and the present Contempt Petition 3/5

may be disposed of accordingly.

7.After considering the entire arguments as advanced by the learned Counsel for the parties and after perusal of the order passed by this Court, dated 23.09.2021 and the order passed by the second respondent, dated 12.03.2025, this Court is also satisfied that the respondents have made fully complied with the directions issued by this Court and no useful purpose will be served in continuing the present contempt proceedings any further. Accordingly, the respondents are discharged from the present contempt proceedings and the present Contempt Petition is disposed of. The file is consigned to record. No order as to costs.

Index :Yes / No 13.03.2025 Internet :Yes / No NCC :Yes / No cmr To 1.The Chief Educational Officer, Tirunelveli, Tirunelveli District.

2.The District Educational Officer, Tirunelveli, Tirunelveli District.

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SHAMIM AHMED, J.

cmr 13.03.2025 5/5