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Madras High CourtCONT P(MD)/2536/2023disposed of

J.Esther v. Arivoli

2025-06-23Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.17176 of 2021 J.Esther, W/o.Lawrence Kovilraj, 2/11, East Street, East Keela Sadayamangalam, Moondradaipu (via), Nanguneri, Tirunelveli District.

Petitioner/Petitioner Vs 1.Mr.Arivoli, Director of School Education, DPI Compound, College Road, Chennai.

2.Mr.Chinnarasu, Chief Educational Officer, Tirunelveli, Tirunelveli District.

3.Mrs.Thayapathinaltham, District Educational Officer, Valliyoor, Tirunelveli District.

Contemnors/Respondents 1/6

PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnors/ Respondents for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.17176 of 2021, dated 23.06.2022.

For Petitioner : Ms.T.Suvathi For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This is a petition seeking initiation of contempt proceedings against the Respondents for violation of the order, dated 23.06.2022 passed by the Writ Court in W.P.(MD)No.17176 of 2021.

2. Heard Ms.T.Suvathi, learned counsel appearing for the Petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader who accepts notice on behalf of the Respondents. Therefore, no further notice is required to be issued to the Respondents.

3. The Contempt Petition has been filed for non compliance of the judgment and order passed by the Writ Court in W.P.(MD)No.17176 of 2/6

2021 dated 23.06.2022 and the learned Single Judge of this Court allowed the said Writ Petition in the following terms: "5.Accordingly, the impugned order dated 17.03.2020 is quashed. Consequently, there shall be a direction to the third respondent herein to grant annual increments, incentives, earned leave and arrears of salary from the date of the petitioner's appointment ie., 24.07.2017, by passing appropriate orders, within a period of six

(6) weeks from the date of receipt of a copy of this order. This Writ Petition stands allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed."

4. Today, when the matter is being taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondents, produced an order dated 30.07.2024, passed by the 3rd Respondent/District Educational Officer, Tirunelveli and submits that the Respondents have complied with the order of the Writ Court dated 23.06.2022 passed in W.P.(MD)No. 17176 of 2021. A copy of the said order has been taken on record and the 3/6

same has been furnished to the learned counsel for the Petitioner. Therefore, he prays that the Respondents may be discharged from the contempt proceedings.

5. Ms.T.Suvathi, learned counsel for the Petitioner submits that she has received a copy of the order dated 30.07.2024 and submits that the direction issued by the Writ Court vide judgment and order dated 23.06.2022 passed in W.P.(MD)No.17176 of 2021 has been fully complied with. She further states that she has no objection to the Respondents being discharged from the contempt proceedings.

6. Considering the submissions made by the learned counsel for the Petitioner and the learned Additional Government Pleader for the Respondents, and upon perusal of the order dated 30.07.2024 passed by the 3rd Respondent/District Educational Officer, Tirunelveli, this Court is satisfied that the Respondents have fully complied with the judgment and order of the Writ Court dated 23.06.2022 passed in W.P.(MD)No.17176 of 2021. In view of the same, this Court deems it appropriate that no useful 4/6

purpose would be served by keeping the contempt proceedings pending. Therefore, the Respondents are discharged from the contempt proceedings.

7. In view of the above, the Contempt Petition is disposed of. The file shall be consigned to record. There shall be no order as to costs. 23.06.2025 Nsr Index:Yes/No Web:Yes/No Speaking/Non Speaking To:

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

2.The Chief Educational Officer, Tirunelveli, Tirunelveli District.

3.The District Educational Officer, Valliyoor, Tirunelveli District.

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SHAMIM AHMED , J.

Nsr 23.06.2025 6/6