R.Pugalendran v. The Chief Educational Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONT.P(MD) No.1962 of 2023 R.Pugalendran ... Petitioner vs.

1.The Chief Educational Officer, O/o. the Chief Educational Officer, Madurai, Madurai District.

2.The District Educational Officer, O/o. the District Educational Officer, Thirumangalam, Madurai District 625 706.

3.The Secretary, Savithabai (Kovai) Higher Secondary School, Thirunagar, Madurai District.

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to initiate contempt proceedings against the contemnors/respondents and punish the contemnors/respondents for the 1/8

wilful disobedience of the order of this Court in W.P.(MD) No.11325 of 2022 dated 02.09.2022.

For Petitioner :Mr.Karthik Raja for M/S.Ajmal Associates For R1 and R2 :Mr.F.Deepak Special Government Pleader

ORDER

This Contempt Petition has been filed against the respondents/contemnors for deliberately and wilfully not complying with the judgment and order passed by this Court in W.P.(MD)No.11325 of 2022, dated 02.09.2022.

2.Heard Mr.Karthik Raja, learned counsel for the petitioner and Mr.F.Deepak, learned Special Government Pleader for the respondents 1 and 2. 3.This Court, in a bunch of writ petitions, in which, the petitioner's writ petition number is W.P.(MD) No.11325 of 2022, vide order dated 02.09.2022, had passed the following order:- 2/8

"Accordingly, the impugned order dated Nil.10.2021 (signed on 25.11.2021), on the file of the second respondent is quashed. Consequently, there shall be a direction to the concerned Educational Authorities to forthwith pass orders, approving the appointment of the petitioner, to the post of B.T.Assistant (Tamil) in the third respondent school, with effect from 17.08.2019, together with all service and monetary benefits within a period of four (4) weeks from the date of receipt of a copy of this order." 4.The learned counsel for the petitioner submits that as the order of this Court in W.P.(MD) No.11325 of 2022, dated 02.09.2022, has not been complied with by the respondents, the present Contempt Petition has been filed with the prayer that the respondents 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 3/8

Special Government Pleader for the respondents 1 and 2 has produced an order passed by the first respondent dated 23.07.2024, in which it has been stated that the judgment and order passed in W.P.(MD)No.11325 of 2022 dated 02.09.2022 has been fully complied with. A copy of the order dated 23.07.2024 has been produced before this Court, which is on record and a copy of the same has also been given to the learned counsel for the petitioner. It was further submitted that the appointment of the petitioner for the post of BT Assistant (Tamil) was approved in the third respondent school with effect from 17.08.2019 and he was also given all the services and monetary benefits in accordance with law. Thus, he submits that the respondents may be discharged from the present contempt proceedings, as the judgment and order of this Court dated 02.09.2022 has been fully complied with by the first respondent, vide order dated 23.07.2024.

6.Mr.Karthik Raja, learned counsel for the petitioner submits that whatever directions issued by this Court in W.P.(MD) No.11325 of 2022, 4/8

dated 02.09.2022, has been fully complied with by the first respondent, vide order dated 23.07.2024 and the petitioner's appointment for the post of BT Assistant (Tamil) was approved in the third respondent school with effect from 17.08.2019 and he was also given all the services and monetary benefits in accordance with law. Thus, he submits that he has no objection if the respondents are discharged from the present contempt proceedings, as the judgment and order of this Court in W.P.(MD) No. 11325 of 2022, dated 02.09.2022 has been fully complied with by the first respondent, vide order dated 23.07.2024 and the present Contempt Petition may also be disposed of.

7.Accordingly, in view of the submissions made by the learned counsel for the parties, after perusal of the judgment and order passed in W.P.(MD) No.11325 of 2022, dated 02.09.2022 and after perusal of the order passed by the first respondent, dated 23.07.2024, this Court satisfied that the direction issued by this Court in W.P.(MD) No.11325 of 5/8

2022, dated 02.09.2022 has been fully complied with by the first respondent and 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 14.03.2025 Internet :Yes / No NCC :Yes / No mm To 1.The Chief Educational Officer, O/o. the Chief Educational Officer, Madurai, Madurai District.

2.The District Educational Officer, O/o. the District Educational Officer, Thirumangalam, Madurai District 625 706.

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3.The Secretary, Savithabai (Kovai) Higher Secondary School, Thirunagar, Madurai District.

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SHAMIM AHMED, J.

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