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Madras High CourtCONT P(MD)/1360/2019closed

R.Selvarani, v. S.Suganya,

2023-09-11Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND CONT P(MD)No.1360 of 2019 and W.P. (MD) No.7854 of 2012 R.Selvarani ...Petitioner Vs.

1. S.Suganya, Joint Director of School Education, (Higher Secondary), Chennai - 600 006.

2. Saminathan, Chief Educational Officer, Madurai, Madurai District.

3. M.Muthiah, District Educational Officer, Usilampatti, Madurai District.

4. T. Rachel

5. B.Jeya Rajan ....Respondents (R1 to R3 are recalled vide court order dt:14.07.2023 in Cont. P(MD)No.1360 of 2019 by DEVJ) (R5 is impleaded vide court order dated 1201.2023 in Sub.A(MD) No.81 of 2022 in Cont.P(MD)No.1360 of 2019 by SSYJ)

Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for their deliberate and willful disobedience of the Order of this Court dated 23.04.2019 in WP(MD)No.7854 of 2012.

For Petitioner : Mr.E.V.N.Siva For R1 to R3 : Mr. R.Baskaran Senior Counsel for Mr.V.Nirmalkumar R4 : Unserved For R5 : Mr.K.K.Kannan for Mr.B.Jeyaraj

O R D E R

This Contempt Petition has been filed complaining the willful disobedience on the part of the respondents in complying with the order dated 23.04.2019 passed in WP(MD)No.7854 of 2012 in true letter and spirit.

2. Heard the learned counsel for the petitioner, Mr.R.Baskaran, learned Senior counsel appearing for the respondents 1 to 3 and Mr.K.K.Kannan, learned counsel appearing for the 5th respondent.

3. During the course of hearing, the learned Senior Counsel appearing for the respondents 1 to 3 submits that the order of the Court is complied with and the petitioner is reinstated into service and all consequential benefits are paid on 08.09.2023.

4. The learned counsel for the petitioner accepted the receipt of total consequential monetary benefits by 08.09.2023.

5. However, admittedly, there is a delay in complying the order of the Court.

6. The learned Senior Counsel appearing for the

respondents 1 to 3 submits that in the affidavit filed by the respondents 1 to 3, they have tendered unconditional apology for the delay caused in implementing the order of the Court in true letter and spirt.

7. Considering the facts and circumstances of the case, it appears the unconditional apology tendered by the respondents is bonafide. In my considered view, it is appropriate to close the contempt proceedings by accepting the unconditional apology tendered by the respondents.

8. Accordingly, this Contempt Petition is closed. 11.09.2023 Index : Yes / No NCC : Yes / No CM

To,

1. R.Suganya, Joint Director of School Education, (Higher Secondary), Chennai - 600 006.

2. Saminathan, Chief Educational Officer, Madurai, Madurai District.

3. M.Muthiah, District Educational Officer, Usilampatti, Madurai District.

BATTU DEVANAND, J.

CM CONT P.(MD)No.1360 of 2019 and W.P. (MD) No.7854of 2012 11.09.2023