Gnanapushpam v. G.Arulanantham
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN in W.A.(MD) Nos.609 of 2013, 898 of 2015 and 1039 of 2016 Gnanapushpam ... Petitioner -vs1.G.Arulanantham District Elementary Educational Officer Tenkasi District, Tenkasi 2.Ramachandran Additional Assistant Elementary Educational Officer-1 Vasudevanallur, Tenkasi District ... Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for the willful disobedience of the common Judgment passed by this Court in W.A.(MD) Nos. 609 of 2013, 898 of 2015 and 1039 of 2016, dated 15.03.2023.
For Petitioner :
Mr.F.X.Eugene For Respondents :
Mr.D.Sadiq Raja Additional Government Pleader
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] This contempt petition has been filed alleging willful disobedience of the common Judgment, dated 15.03.2023, made in W.A.(MD) Nos.609 of 2013, 898 of 2015 and 1039 of 2016.
2. With reference to the compliance of the orders of this Court, learned Additional Government Pleader appearing for the respondents furnished a copy of the proceedings of the Block Educational Officer, Vasudevanallur, Tirunelveli District, dated 07.12.2023, stating that the petitioner has already been reinstated in service.
3. Learned counsel for the petitioner has also acknowledged the above submission of the learned Additional Government Pleader. However, he would submit that the other directions of this Court regarding settlement of monetary benefits to the petitioner, the same are yet to be complied with.
4. Learned Additional Government Pleader appearing for the respondents states that the Education Department has filed Rev.Aplc(MD) SR No.85060 of 2023 seeking to review the directions relating to settlement of monetary benefits and the same is still pending.
5. No doubt, the learned Additional Government Pleader has to expedite the said review application, since the petitioner is armed with a direction in the writ appeals' Judgment.
6. In view of the fact that no willful disobedience of the orders of this Court is established and more so, the petitioner has already been reinstated in service and also a review application has been filed by the Education Department before this Court seeking to review the directions
regarding settlement of monetary benefits, keeping this contempt petition pending would serve no purpose at all.
7. Hence, this contempt petition is closed. However, it is made clear that after the disposal of the above said review application, if the petitioner is still aggrieved, it is left open to her to reopen this contempt petition by filing appropriate application or to institute a fresh proceedings, as the case may be.
[S.M.S., J.] [K.K.R.K., J.] 08.12.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.Mr.G.Arulanantham, District Elementary Educational Officer, Tenkasi District, Tenkasi.
2.Mr.Ramachandran, Additional Assistant Elementary Educational Officer-1, Vasudevanallur, Tenkasi District.
S.M.SUBRAMANIAM, J.
and K.K.RAMAKRISHNAN , J.
krk 08.12.2023