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Madras High CourtCONT P(MD)/1168/2024disposed of

D.Anne Angel Jeba v. M.Govindaraj

2025-07-16Honourable Mr.Justice Shamim Ahmed11 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.14470 of 2022 D.Anne Angel Jeba, BT Assistant, St.Peter's Higher Secondary School, Thanjavur - 613 009, Thanjavur District.

Petitioner/Writ Petitioner Vs Mr.M.Govindaraj, The District Educational Office, Thanjavur, Thanjavur District.

Contemnor/2nd Respondent PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnor/2nd Respondent for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.14470 of 2022, dated 29.07.2022.

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For Petitioner : Mr.T.Pon Ramkumar For Respondent : Mr.R.Baskaran, Additional Advocate General, Assisted by 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 29.07.2022 passed by the Writ Court in W.P.(MD)No.14470 of 2022. 2.Heard Mr.T.Pon Ramkumar, learned counsel appearing for the Petitioner, Mr.R.Baskaran, learned Additional Advocate General, assisted by Mr.D.Sadiq Raja, learned Additional Government Pleader, who accepts notice on behalf of the Respondent. Therefore, no further notice is required to be issued to the Respondent.

3. When the matter was taken up on 05.03.2025, this Court passed the following order:

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"Mr.F.Deepak, learned Special Government Pleader submits that similar issue is pending before the Division Bench of this Court and in respect of which, Contempt Petition (MD)No.142 of 2025 was posted for hearing on 26.03.2025. Thus, Mr.F.Deepak, learned Special Government Pleader submits that this Contempt Petition may be listed along with Contempt Petition(MD)No.142 of 2025.

2.Accordingly, the prayer appears to be genuine. 3.Put up this Contempt Petition along with Contempt Petition(MD)No.142 of 2025 on 26.03.2025 before the appropriate Bench."

4. When the matter was taken up on 22.04.2025, this Court passed the following order:

"Heard Mr.T.Pon Ramkumar, learned counsel for the petitioner in Cont.P.(MD) No.1168 of 2024, Mr.T.Mohammed Imran for M/S.Ajmal Associates, learned counsel for the petitioner in Cont.P.(MD) No. 142 of 2025 and Mr.Veerakathiravan and Mr.R.Baskaran, learned Additional Advocate General 3/11

assisted by Mr.F.Deepak, learned Special Government Pleader for the respondents in both the contempt petitions.

2.Mr.Veerakathiravan and Mr.R.Baskaran, learned Additional Advocate General assisted by Mr.F.Deepak, learned Special Government Pleader for the respondents submits that the exercise for compliance of the directions issued by this Court vide order dated 28.02.2025 is going on. They want some further time to make compliance of the order passed by this Court in the present contempt petition dated 28.02.2025 and in W.P.(MD) Nos.14470 of 2022 and 2719 of 2020 dated 29.07.2022 and 10.01.2023 and to file a compliance affidavit along with a decision taken by the respondents.

3.Mr.T.Pon Ramkumar and Mr.T.Mohammed Imran for M/S.Ajmal Associates, learned counsel for the respective petitioner have no objection to the aforesaid prayer made by the learned Additional Advocate General for the respondents.

4.Accordingly, as prayed for by the learned Additional Advocate General for the respondents, one week time is granted to the respondents to make 4/11

compliance of the orders of this Court dated 28.02.2025, 29.07.2022 and 10.01.2023 and to file a compliance affidavit in this regard along with a decision taken by the respondents.

5.Put up this case 'for further orders' on 29.04.2025 before the appropriate Bench."

5. When the matter was taken up on 29.04.2025, this Court passed the following order:

" .......

3. Today when the matter is being taken up, Mr.Veerakathiravan, learned Additional Advocate General and Mr.R.Baskaran, learned Additional Advocate General, prays this Court that the Respondents may be given a last opportunity to comply with the order dated 28.02.2025 passed by this Court in the present Contempt Petition (MD)No.142 of 2025 as well as the orders passed by the Writ Court dated 29.07.2022 in W.P.(MD)No.14470 of 2022 and 10.01.2023 in W.P.(MD)No.2719 of 2020. They also assure this Court that whatever order is passed by the Writ Court will be fully complied with and requests two weeks' time to ensure compliance with the said order. 5/11

4. The learned counsel for the Petitioners has no objection to the prayer made by the learned Additional Advocate General.

5. In view of the assurance given by Mr.Veerakathiravan, the learned Additional Advocate General and Mr.R.Baskaran, learned Additional Advocate General, this Court grants the Respondents a further period of two weeks to comply with the judgment and order of the Writ Court dated 10.01.2023 passed in W.P.(MD)No.2791 of 2020 and judgment and order of the Writ Court dated 29.07.2022 passed in W.P.(MD)No.14470 of 2022 and the direction issued by this Court dated 28.02.2025 in the present Contempt Petition (MD)No.142 of 2025, within a period of two weeks from today, without fail. The Respondents are directed to communicate the decision taken by them to the Petitioners and to file an affidavit of compliance in this regard on or before the next fixed date. Failure to comply with this order within the stipulated time frame will require the Respondent's personal appearance before this Court on the next fixed date to explain why the Court's order 6/11

has not been complied with despite several opportunities being granted.

6. Put up the cases on 10.06.2025 "For Orders" before the appropriate bench.

7. Let a copy of this order be given to Mr.Veerakathiravan, learned Additional Advocate General, Mr.R.Baskaran, learned Additional Advocate General, Mr.F.Deepak, learned Special Government Pleader for its necessary compliance and information to the Respondents."

6. When the matter was taken up on 10.06.2025, this Court passed the following order:

"On the joint request made by the learned counsel for the parties, put up this case on 11.07.2025 before the appropriate Bench."

7. Today, when the matter is being taken up, Mr.R.Baskaran, learned Additional Advocate General, assisted by Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondent, filed an affidavit of 7/11

compliance along with the order dated 15.07.2025 passed by the District Educational Officer (Secondary), Thanjavur. He submits that a necessary proposal has been processed and, after getting necessary permission from the higher officials, the District Educational Officer (Secondary), Thanjavur, has granted an incentive increment to the Petitioner for acquiring a higher qualification in an M.Phil degree. He further submits that the monetary benefits due to the Petitioner will be paid within a period of three weeks from today, after completing other formalities. A copy of the compliance affidavit along with the order dated 15.07.2025 has been taken on record and the same has been furnished to the learned counsel for the Petitioner. Thus, the Respondent has complied with the order of the Writ Court dated 29.07.2022 passed in W.P.(MD) No.14470 of 2022. Therefore, he prays that the Respondent may be discharged from the contempt proceedings.

8. Mr.T.Pon Ramkumar, learned counsel for the Petitioner, submits that he has received a copy of the order dated 15.07.2025 along with the compliance affidavit and submits that the direction issued by the Writ 8/11

Court vide judgment and order dated 29.07.2022 passed in W.P.(MD) No. 14470 of 2022 has been complied with. However, in respect of monetary benefits, there is no mention in the order dated 15.07.2025. He further submits that, as assured by the Additional Advocate General, the monetary benefits are to be paid by the Respondent to the Petitioner within three weeks. He has no objection to the Respondent being discharged from the contempt proceedings at this stage, and the contempt petition may be disposed of accordingly.

9. Considering the submissions made by the learned counsel for the Petitioner and the learned Additional Advocate General for the Respondent, and upon perusal of the order dated 15.07.2025 passed by the District Educational Officer (Secondary), Thanjavur along with the compliance affidavit, this Court is satisfied that the Respondent has complied with the judgment and order of the Writ Court dated 29.07.2022, in W.P.(MD) No. 14470 of 2022. The learned Additional Advocate General has also assured that the monetary benefits will be disbursed within a period of three weeks from today. In view of the assurance given 9/11

by the learned Additional Advocate General, this Court deems it appropriate to drop the contempt proceedings. Accordingly, the Respondent is discharged from the contempt proceedings at this stage.

10. In view of the above, the Contempt Petition is disposed of at this stage with a direction to the Respondent to disburse the monetary benefits to the Petitioner, within a period of three weeks from today, without fail. The file shall be consigned to the records. There shall be no order as to costs.

16.07.2025 Nsr Index:Yes/No Web:Yes/No Speaking/Non Speaking To:

The District Educational Office, Thanjavur, Thanjavur District.

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SHAMIM AHMED , J.

Nsr 16.07.2025 11/11