J. Jebabhanu v. Kannappan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONT.P(MD) No.2446 of 2023 in W.P.(MD) No.23331 of 2016 Jebabhanu ... Petitioner vs.

1.Kannappan Director of Elementary School Education, DPI Compound, College Road, Chennai.

2.Sherlin Vimal, District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

3.Kokilambal, Additional Assistant Educational Officer, Valliyur, re designated as Block Educational Officer, Valliyur, Tirunelveli District.

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to initiate contempt proceedings under Section 11 of the Contempt of Courts Act, 1971 against the contemnors/respondents herein for their wilful disobedience of the order passed by this Court in W.P.(MD) No.23331 of 2016, dated 01.12.2016.

For Petitioner :Ms.T.Suvathi for Mr.S.Chellapandian 1/6

For Respondents :Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This Contempt Petition has been filed with the prayer that the respondents/contemnors have not complied with the judgment and order passed by this Court in W.P.(MD) No.23331 of 2016, dated 01.12.2016. 2.Heard Ms.T.Suvathi learned counsel for Mr.S.Chellapandian, learned counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents.

3.The Co-ordinate Bench of this Court in W.P.(MD) No.23331 of 2016, vide order dated 01.12.2016, had passed the following order:- "5. In the result, the impugned orders are set aside and the Writ Petition is allowed. A direction is issued to the second and third respondents to consider the proposals sent by the respondent schools, seeking to approve the appointment of the petitioner as Secondary Grade Teacher, in the light of the Division Bench Judgment in W.A (MD) Nos. 639 of 2015 etc.. dated 17.06.2015 and to pass order of approval, within a period of four weeks from the date of receipt of a copy of this order. No costs. consequently, W.M.P (MD) Nos. 16756 and 16757 of 2016 are closed."

4.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents, has produced a copy of 2/6

the order passed by the second respondent dated 20.09.2024, in which it has been stated that the judgment and order passed by this Court in W.P.(MD) No.23331 of 2016, dated 01.12.2016 has been fully complied with. A copy of the order dated 20.09.2024 has been produced before this Court, which is taken on record and a copy of the same has also been given to the learned counsel for the petitioner.

5.The learned Additional Government Pleader further submits that the respondents have already granted approval to the appointment of the petitioner for the post of Secondary Grade Teacher with effect from 05.12.2014. He further assures this Court that all services and monetary benefits payable by the respondents will be paid in accordance with law in the account of the petitioner within six weeks from today. Thus, he submits that the respondents may be discharged from the present contempt proceedings, as the judgment and order of this Court dated 01.12.2016 has been fully complied with by the second respondent, vide order dated 20.09.2024. 6.Ms.T.Suvathi, learned counsel for Mr.S.Chellapandian, learned counsel for the petitioner, submits that she has received a copy of the order passed by the second respondent, dated 20.09.2024 and submits that the respondents have made full compliance of the judgment and order passed by 3/6

this Court in W.P.(MD) No.23331 of 2016, dated 01.12.2016. 7.She further submits that the petitioner's appointment for the post of Secondary Grade Teacher was approved by the respondents with effect from 05.12.2014. Thus, she submits that she has no objection, if the respondents are discharged from the present contempt proceedings at this stage, as the judgment and order of this Court dated 01.12.2016 has been fully complied with by the second respondent, vide order dated 20.09.2024 and the present Contempt Petition may also be disposed of. It was further submitted that a positive direction may be given to the respondents to grant all services and monetary benefits payable to the petitioner within the time frame fixed by this Court.

8.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.23331 of 2016, dated 01.12.2016 and after perusal of the order passed by the second respondent, dated 20.09.2024, this Court satisfied that the direction issued by this Court in W.P.(MD) No.23331 of 2016, dated 01.12.2016 has been fully complied with by the respondents and there is no justification in continuing the present contempt proceedings against the respondents.

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9.Accordingly, the Contempt Petition is finally disposed of at this stage and the respondents are discharged from the present contempt proceedings. It is made clear that the respondents shall credit all services and monetary benefits in the account of the petitioner in accordance with law within a period of six weeks from today without any further delay. The file is consigned to record. No costs.

Index :Yes / No 20.06.2025 Internet :Yes / No mm To 1.Director of Elementary School Education, DPI Compound, College Road, Chennai.

2.District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

3.Additional Assistant Educational Officer, Valliyur, re designated as Block Educational Officer, Valliyur, Tirunelveli District.

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SHAMIM AHMED, J.

mm CONT.P(MD) No.2446 of 2023 20.06.2025 6/6