P.Muthulakshmi v. Kuruvammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONTEMPT PETITION(MD)No.2629 of 2023 P.Muthulakshmi ... Petitioner vs.

Kuruvammal, Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Thoothukudi.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the contemnors for her wilful disobedience in not complying the order of this Court in W.P.(MD)No.9675 of 2021 on 19.04.2022. For Petitioner :Mr.H.Elango For Respondent :Mr.S.Arivalagan *****

O R D E R

Heard Mr.H.Elango, learned Counsel for the petitioner and Mr.S.Arivalagan, learned standing Counsel for the respondent. 2.This is a petition seeking initiation of contempt proceedings against the respondent for violation of the order, dated 19.04.2022 passed by this Court in W.P.(MD)No.9675 of 2021.

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3.The petitioner was denied the compassionate appointment by the respondent by the impugned proceedings, dated 31.03.2021. Being aggrieved by the action of the respondent, the petitioner preferred a Writ Petition bearing W.P.(MD)No.9675 of 2021 and this Court vide judgment and order, dated 19.04.2022 finally allowed the Writ Petition with the direction to the respondent herein to consider the case of the petitioner strictly in accordance with the terms and conditions of the scheme of compassionate appointment and by following the procedure as contemplated. 4.The learned Counsel for the petitioner further submits that despite the judgment and order passed by the this Court, in W.P.(MD)No.9675 of 2021, dated 19.04.2022, the respondent had not complied with the directions of this Court and had wilfully and deliberately flouting the order passed by this Court. Aggrieved over the same, the present Contempt Petition has been filed.

5.Mr.S.Arivalagan, learned Counsel for the respondent appearing at the admission stage submits that the judgment and order passed by this Court, dated 19.04.2022 has already been complied with by the respondent and in this regard, an order, dated 03.08.2024 was issued and the petitioner was given compassionate appointment in the post of Field Assistant 2/5

(Trainee). This fact has been stated in paragraph No.3 of the order, dated 03.08.2024. The copy of the order is produced before this Court, which is taken on record. The copy of the order, dated 03.08.2024, was also served on the learned Counsel for the petitioner. Thus, the learned Counsel for the respondent submits that as the order passed by this Court has been fully complied with, the respondent may be discharged from the present contempt proceedings.

6.The learned Counsel for the petitioner submits that the petitioner was already given the compassionate appointment in the post of Field Assistant (Trainee), by the respondent, by order, dated 03.08.2024. Thus, he also submits that the order passed by this Court has been fully complied with and prays before this Court that the respondent may be discharged from the present contempt proceedings and the Contempt Petition may be disposed of accordingly.

7.Considering the submissions made by the learned Counsels for the parties and after perusal of the order, dated 03.08.2024, especially, in paragraph No.3, wherein, it has been clearly stated that the petitioner has been appointed in the post of Field Assistant (Trainee) in compliance of the judgment and order passed by this Court, dated 19.04.2022. this Court is satisfied that the respondent had fully complied with the judgment and order 3/5

of this Court W.P.(MD)No.9675 of 2021, dated 19.04.2022. Thus, no useful purpose will be served in continuing the present contempt proceedings further. Accordingly, the respondent is discharged from the present contempt proceedings and the present Contempt Petition is disposed of. The file is consigned to record. No costs.

Index :Yes / No 06.03.2025 Internet :Yes / No NCC :Yes / No cmr 4/5

SHAMIM AHMED, J.

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