A. Arul, v. The District Elementary Educational Officer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED A.Arul ... Petitioner vs.
The District Elementary Educational Officer, Pudukottai, Pudukottai District.
Now. District Educational Officer, Pudukottai, Pudukottai District.
... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent/contemnor herein for her deliberate and wilful disobedience of the order of this Court, dated 28.10.2021 in W.P. (MD)No.16561 of 2017.
For Petitioner :Mr.A.Amal Jin for M/s.Isaac Chambers For Respondent :Mr.R.Baskaran Additional Advocate General assisted by Mr.D.Sadiq Raja Additional Government Pleader ***** 1/6
O R D E R
This Court, by order, dated 21.07.2025, passed the following order: "Heard Mr.A.Amal Jin, learned Counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader, who has accepted notice on behalf of the respondents. Hence, no need to issue notice to the respondents.
2.The present Contempt Petition has been filed for non compliance of the judgment and order passed by this Court in W.P. (MD)No.16561 of 2017, dated 28.10.2021.
3.The Hon'ble Writ Court, vide judgment and order, dated 28.10.2021, was pleased to dispose of the said Writ Petition with the following directions:- "10.The above said judgment passed by this Court is squarely applicable to the present case and the petitioner is also entitled to the same relief that was granted in an identical case. 11.In the result, the impugned order passed by the third respondent dated 16.08.2016 and the consequential proceedings dated 08.05.2017 and 15.06.2017 are quashed. The third respondent is directed to sanction and award forthwith the regular annual increments admissible to the petitioner from 01.07.2017 onwards. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed."
4.The learned Counsel for the petitioner submits that against the judgment and order passed by this Court in W.P.(MD)No.16561 of 2017, dated 28.10.2021, the respondents have preferred a Writ Appeal bearing W.A.(MD)No.1429 of 2022 before the Hon'ble Division Bench of this Court, which was also dismissed by the Hon'ble Division Bench on 24.01.2024. He further submits that in spite of the same, the respondents have not complied with the directions of this Court and they have wilfully and deliberately flouted the order passed by this Court and are in contempt of Court. Thus, they should be summoned and punished by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.
2/6
5.Mr.R.Baskaran, learned Additional Advocate General assisted by Mr.D.Sadiq Raja, learned Additional Government Pleader, for the respondents submits that the respondents may be given a last opportunity to comply with the judgment and order passed by the Writ Court, dated 28.10.2021 within a period of three weeks from today and the respondents will file a compliance affidavit annexing a decision taken by them on the next date of hearing fixed.
6.Mr.A.Amal Jin, learned Counsel for the petitioner has no objection to the aforesaid prayer made by the learned Additional Advocate General for the respondents.
7.Accordingly, after hearing the learned Counsel for the parties, after perusal of the judgment and order made in W.P. (MD)No.16561 of 2017, dated 28.10.2021 and also considering the request made by the learned Additional Advocate General for the respondents/contemnors, as a last opportunity, this Court grants three weeks and no more further time to the respondents/contemnors to make full compliance of the directions issued by this Court in W.P.(MD)No.16561 of 2017, dated 28.10.2021 without fail. The respondents are directed to communicate their decision to the petitioner and file an affidavit of compliance annexing the decision taken by them on or before the next date fixed. It is made clear that if the judgment and order, dated 28.10.2021, is not complied with on or before the next date fixed, the respondents are directed to appear in person before this Court on the next date of hearing and justify as to why the judgment and order dated 28.10.2021 is not complied with and as to why contempt proceedings should not be initiated as against them.
8.Put up this case 'for orders' on 14.08.2025 before this Court. Let a copy of this order be issued to Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents for its necessary compliance and information."
2.Today, when the matter is taken up, Mr.R.Baskaran, learned Additional Advocate General assisted by Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondent, in compliance of the 3/6
order passed by this Court, dated 13.08.2025, produced a compliance affidavit annexing an order, dated 13.08.2025, passed by the respondent and submits that the judgment and order passed by the Writ Court, dated 28.10.2021, has been complied with by the respondent. This fact has been stated in paragraph No.8 of the compliance affidavit. The order passed by the respondent, dated 13.08.2025, is taken on record. A copy of the order passed by the respondent has also been given to the learned Counsel for the petitioner. Thus, the learned Additional Advocate General for the respondent submits that as the judgment and order passed by this Court has been fully complied with by the respondent, the respondent may be discharged from the present contempt proceedings and the present Contempt Petition may be disposed of.
3.Mr.A.Amal Jin, learned Counsel for the petitioner submits that he has also received the copy of the order passed by the respondent, dated 13.08.2025, and submits that the respondent has made complied with the judgment and order passed by this Court 28.10.2021 passed in W.P.(MD)No.16561 of 2017. Thus, he submits that he has no objection that the respondent may be discharged from the present contempt proceedings 4/6
and the Contempt Petition may be disposed of. 4.After considering the arguments, as advanced by the learned Counsel for the parties and after perusal of the order passed by this Court in W.P.(MD)No.16561 of 2017, dated 28.10.2021 and the order passed by the respondent, dated 13.08.2025, this Court is also satisfied that the respondent has 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 respondent is 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 14.08.2025 Internet :Yes / No NCC :Yes / No cmr To The District Elementary Educational Officer, Pudukottai, Pudukottai District.
Now. District Educational Officer, Pudukottai, Pudukottai District.
5/6
SHAMIM AHMED, J.
cmr 14.08.2025 6/6