Madras High Court
A.Manoharan vs M.Sivakumar on 1 August, 2023
Cont.P(MD)No.1031 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
Cont.P.(MD)No.1031 of 2021
in W.P.(MD)No.1689 of 2019
A.Manoharan ... Petitioner/1st Respondent
Vs.
1.M.Sivakumar
The Chief Educational Officer,
O/o the Chief Educational Officer,
Thanjavur,Thanjavur District.
2.Mr.D.Jaisankar
The Principal Accountant General (A & E),
O/o the Principal Accountant General (A & E),
361, Anna Salai,
Chennai – 600 018. ... Contemnors/Respondents 4 & 5
(R1's name is substituted Vide Court order dated 28.10.2022 in
Cont.P(MD)No.1031 of 2021 by GRSJ)
PRAYER: Petition filed under Section 11 of the Contempt of Courts
Act, to punish the contemnors/respondents for their willful, deliberate
disobedience of the order of this Court made in W.P.(MD)No.1659 of
2019, dated 27.11.2019.
For Petitioner : Mr.G.Karthick
for Mr.S.Rajasekar
For R1 : Mr.R.Baskaran
Senior Counsel
Assisted by Mr.Nirmal Kumar
For R2 : Mr.P.Gunasekaran
1
https://www.mhc.tn.gov.in/judis
Cont.P(MD)No.1031 of 2021
ORDER
This Contempt Petition has been filed complaining willful
disobedience of the respondents in implementing the order dated
27.11.2019 in W.P(MD)No.1659 of 2019 in true letter and spirit.
2. While allowing the Writ Petition by order dated
27.11.2019, this Court passed the following order, as extracted herein
under:
6. When a relief is granted to an employee with
regard to counting 50% of service rendered by them as part
time employee, the same cannot be restricted only to the
persons filed writ petition or the persons filed the writ
petitions on or before 6.4.2018. The said condition
imposed by the impugned Government Order, is arbitrary
and there is no reason given by the Government for fixing
such cut-off date. In view of the same, the said condition is
invalid and is liable to be set aside. For the above reason,
the condition imposed is quashed. The respondents are
directed to consider the representation of the petitioners for
counting 50% of the service rendered by them as part time
vocational instructors taking into account the various
https://www.mhc.tn.gov.in/judis
Cont.P(MD)No.1031 of 2021
orders passed in the writ petitions and judgment of this
Court, dated 21.04.2017, made in W.A.(MD)No.392 of
2017 etc., batch.
3. A Counter affidavit has been filed on behalf of the
respondents on 14.07.2023 and an additional affidavit has been filed on
31.07.2023. On a perusal of the proeeding sheet, it appears that on
24.02.2023 when the Contempt Petition was taken up for hearing, the
learned Additional Advocate General submitted that initial order was
passed by the Chief Educational Officer, however, that order will be
complied with on or before 03.03.2023. Accordingly, this Court directed
that in failure of complying the order passed by this Court, the
respondents shall appear before this Court on 03.03.2023.
4. On a careful perusal of the proceedings sheet, it appears
that the Contempt Petition disappeared from listing and the same is not
listed on 03.03.2023. There is no appearance of the respondents before
the Court on that date and no attempt was made by the respondents'
https://www.mhc.tn.gov.in/judis
Cont.P(MD)No.1031 of 2021
counsel to file any dispense with petition to condone the absence of the
first respondent as the order is not complied with by 03.03.2023. It also
appears that the petitioner's counsel failed to bring to the notice of the
Court about non-listing of the Contempt Petition on 03.03.2023. This
case is a best example to demonstrate how the counsels appearing on
both sides are dealing with the contempt proceedings.
5. On 17.07.2023, when the case is listed, this Court was of
the prima facie opinion that the first respondent failed to comply with the
order in true letter and spirit and accordingly, directed the Registry to
issue Statutory Notice to the first respondent.
6. Considering the submissions of the learned counsel for
the 2nd respondent that the 2nd respondent received the proposal from the
first respondent only on 04.07.2023 and immediately on 10.07.2023, the
second respondent has complied with the order, this Court is of the
opinion that there is no contempt on the part of the second respondent
and accordingly, this Contempt Petition is dismissed as against the
https://www.mhc.tn.gov.in/judis
Cont.P(MD)No.1031 of 2021
second respondent by order dated 17.07.2023.
7. In compliance of the Statutory Notice, the first respondent
is present before this Court.
8. The learned Senior Counsel appearing for the first
respondent submits that on 24.02.2023, the first respondent personally
appeared before the Court and submitted that the order is omplied with
by issuing proceedings in R.C.No.1558/A4/2019 dated 21.02.2023, but
the Court opined that to issue such proceedings, the State Government is
the competent authority and accordingly, the respondents sought time till
03.03.2023 for compiance of the order. The Goverment issued G.O.(2D)
No.25, School Education department (SED 7(1)) dated 01.03.2023 had
been issued for inclusion of 50% of period of service as part-time
Teacher of the petitioner.
9. During the course of hearing, the learned Senior Counsel
appearing for the respondents submitted as on the dates, on which the
https://www.mhc.tn.gov.in/judis
Cont.P(MD)No.1031 of 2021
School Management sent proposal to the Education Department, the
same was forwarded to the Principal Accountant General's Office,
returning the same by the Principal Accountant General to the Education
Department and transmitting the same to the School Management.
10. On considering the submissions of the learned Senior Counsel,
admittedly, there is lapse on the part of the school management and the
Education Department in sending the proper proposals to the second
respondent. The Education Department treating the pension proposals in
very lighter way and they are under the impression that they are doing
Post Office work but only after objections raised by the Accountant
General's Office only they are again asking revised proposals from the
school management. In the present case, the Principal Accountant
Gener's office returned the proposals forwarded by the Education
Department for 3 times. In the entire episode, the ultimate sufferer is the
petitioner, who is a retired teacher and he is suffering for all these period
without any pension.
https://www.mhc.tn.gov.in/judis
Cont.P(MD)No.1031 of 2021
11. The learned Senior Counsel however would submit that as of
now, the order of the court is complied with in toto and the revised
pension is paid to the petitioner on 10.07.2023.
12. The learned counsel for the petitioner also accepted the receipt
of payment of the revised pension on 10.07.2023.
13. Having heard the submissions of the respective counsels and
upon careful perusal of the materials available on record, admittedly
there is a huge delay in complying with the order of the Court. When this
Court asked the learned Senior Counsel about the delay occurred in
implementing the order, he would submit that the first respondent is
tendering his unconditional apology for the delay caused in true
implementation of the order of the court. Though this Court is not
satisfied with the conduct of the first respondent in the way he failed to
implement the order of the Court within the reasonable time, considering
the fact and circumstances of the case and considering the request of the
learned Senior Counsel appearing on behalf of the first respondent, this
https://www.mhc.tn.gov.in/judis
Cont.P(MD)No.1031 of 2021
Court is of the considered view to accept the unconditional apology
tendered by the first respondent with a warning to be more careful in
future in implementing the orders of the court.
14. In view of the same, the unconditional apology tendered by the
first respondent is accepted.
15. For the above mentioned reasons, this Contempt Petition is
closed with a caution to the first respondent to be more vigilant and
careful in implementing the orders of the Court in future.
01.08.2023
Index : Yes/No
Internet : Yes/No
CM
https://www.mhc.tn.gov.in/judis
Cont.P(MD)No.1031 of 2021
To,
1.M.Sivakumar
The Chief Educational Officer,
O/o the Chief Educational Officer,
Thanjavur,Thanjavur District.
2.Mr.D.Jaisankar
The Principal Accountant General (A & E),
O/o the Principal Accountant General (A & E),
361, Anna Salai,
Chennai – 600 018.
https://www.mhc.tn.gov.in/judis
Cont.P(MD)No.1031 of 2021
BATTU DEVANAND, J.,
CM
Cont.P.(MD)No.1031 of 2021
in W.P.(MD)No.1689 of 2019
01.08.2023
https://www.mhc.tn.gov.in/judis
