← Library
Madras High CourtCONT P(MD)/755/2022disposed of

A.Rafeek Ahmad, v. M.K.C.Subhashini

2025-03-18Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONT.P(MD) No.755 of 2022 A.Rafeek Ahmad ... Petitioner vs.

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

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

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the contemnors/respondents for wilful disobedience of the order of this Court in W.P.(MD) No.11751 of 2021 dated 23.09.2021. For Petitioner :Mr.T.Pon Ramkumar For Respondents :Mr.F.Deepak Special Government Pleader 1/6

ORDER

This Contempt Petition has been filed for non compliance of the judgment and order passed by this Court in W.P.(MD)No.11751 of 2021, dated 23.09.2021.

2.Heard Mr.T.Pon Ramkumar, learned counsel for the petitioner and Mr.F.Deepak, learned Special Government Pleader for the respondents.

3.This Court, vide judgment and order dated 23.09.2021, had allowed the said writ petition with the following directions:- "7.Accordingly, the impugned order passed by the second respondent dated 30.06.2019 is quashed and this Writ Petition is allowed. The respondents are directed to award annual increments, incentive, surrender leave benefits and other attendant benefits to the petitioner including pay fixation and allowance from the date of his appointment viz., 01.06.2016, without insisting to pass in Teacher Eligibility Test, subject to the outcome of any modification or any order passed by the Court. No costs. " 2/6

4.The learned counsel for the petitioner submits that the respondents have not made compliance of the order passed by this Court, dated 23.09.2021. Thus, being no other alternative, the present Contempt Petition has been filed with the prayer that the respondents have wilfully and deliberately flouted the order passed by this Court and are in contempt of the order of this Court dated 23.09.2021. Thus, he submits that they should be summoned and punished by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971. 5.Today, when the matter is taken up, Mr.F.Deepak, learned Special Government Pleader for the respondents has filed a compliance affidavit before this Court, annexing a copy of the order passed by the second respondent, dated 12.03.2025, in compliance of the judgment and order passed in W.P.(MD)No.11751 of 2021 dated 23.09.2021, which is on record. A copy of the order of the second respondent, dated 12.03.2025, was given to the learned counsel for the petitioner. Thus, he submits that the respondents may be discharged from the present 3/6

contempt proceedings, as the judgment and order of this Court dated 23.09.2021 has been fully complied with by the respondents, vide order dated 12.03.2025.

6.Mr.T.Pon Ramkumar, learned counsel for the petitioner submits that as the order passed in W.P.(MD)No.11751 of 2021 dated 23.09.2021 has been fully complied with by the respondents, vide order dated 12.03.2025, copy of which was received by him, he has no objection if the respondents are discharged from the present contempt proceedings and the present Contempt Petition may also be disposed of. 7.Accordingly, after considering the arguments advanced by the learned counsel for the parties, after perusal of the records and the order passed by the second respondent, dated 12.03.2025, this Court satisfied that the direction issued by this Court in W.P.(MD) No.11751 of 2021, dated 23.09.2021 has been fully complied with by the respondents and 4/6

there is no justification in continuing the present contempt proceedings against the respondents.

8.Accordingly, the Contempt Petition is finally disposed of and the respondents are discharged from the present contempt proceedings. No costs. The file is consigned to record.

Index :Yes / No 18.03.2025 Internet :Yes / No To 1.The Chief Educational Officer, Tirunelveli, Tirunelveli District.

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

5/6

SHAMIM AHMED, J.

mm s18.03.2025 6/6