Madras High Court
A.Perumal vs K.Nandhakumar on 7 April, 2025
CONT.P(MD)No.897 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD)No.897 of 2023
A.Perumal ... Petitioner
vs.
1.K.Nandhakumar,
Director of School Education,
now, Commissioner of School Education,
Chennai – 6.
2.Lakshmi Narayana Swami,
District Educational Officer,
Cheranmahadevi, Tirunelveli District. ... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the respondents/ contemnors for wilful and deliberate disobedience
of the order passed by this Court in W.P.(MD)No.10777 of 2019, dated
11.11.2021.
For Petitioner :Mr.V.Panneerselvam
For Respondents :Mr.F.Deepak
Special Government Pleader
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CONT.P(MD)No.897 of 2023
ORDER
This is a petition seeking initiation of contempt proceedings against the
respondents for violation of the order, dated 11.11.2021 passed by this Court
in W.P.(MD)No.10777 of 2019.
2.Heard Mr.V.Panneerselvam, learned Counsel for the petitioner and
Mr.F.Deepak, learned Special Government Pleader for the Respondents.
3.When the matter was taken up on 13.03.2025, this Court has passed
the following order:
“The present Contempt Petitions have been filed to punish the
respondents/contemnors for non compliance of the judgment and order
passed by this Court in W.P.(MD) Nos.10777 and 10778 of 2019 dated
11.11.2021.
2.Heard Mr.V.Panneer Selvam, learned counsel for the petitioners
and Mr.F.Deepak, learned Special Government Pleader for the respondents.
3.This Court, vide judgment and order dated 11.11.2021, had
disposed of the writ petitions bearing W.P.(MD) Nos.10777 and 10778 of
2019 with the following directions:-
“11. In light of the narration as aforesaid, the mandamus as sought
for is issued. There is a direction to R2 and R3 to pass an order of
regularisation of services of both petitioners with effect from 07.08.2001 and
11.07.2000 respectively, compute arrears of salary and all other
consequential benefits and pay over the same. The aforesaid exercise shall
be completed within a period of 8 weeks from date of uploading of a copy of
this order upon the official website of this court. The writ petitions are
disposed as above. No costs.”
4.The learned counsel for the petitioners submits that challenging
the judgment and order dated 11.11.2021, the respondents have preferred
appeals bearing W.A.(MD) Nos.1377 of 2023 and 139 of 2024 before this
Court and the Hon'ble Division Bench of this Court, vide judgment and
order dated 28.08.2023 and 07.02.2024 respectively, had dismissed the Writ
Appeals. Thus, he submits that in spite of the dismissal of the Writ Appeals,
the respondents have to comply with the directions issued by this Court in
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W.P.(MD) Nos.10777 and 10778 of 2019, dated 11.11.2021, but they have not
complied with such directions. Thus, being no other alternative, the present
Contempt Petitions have been filed. It was further submitted that the
respondents/contemnors have wilfully and deliberately flouted the order
passed by this Court and are in contempt of the judgment and order of this
Court dated 11.11.2021. Thus, they should be summoned and punished by
exercising the powers under Sections 11 and 12 of the Contempt of Courts
Act, 1971.
5.Mr.F.Deepak, learned Special Government Pleader, who took
notice for the respondents in both the Contempt Petitions, submits that the
process to make compliance of the judgment and order passed in W.P.(MD)
Nos.10777 and 10778 of 2019, dated 11.11.2021 is under process and prays
10 days time to make compliance of the order dated 11.11.2021.
6.Accordingly, after considering the request made by the learned
Special Government Pleader for the respondents/contemnors, as a last
chance, one more opportunity is given to the respondents/contemnors to
make compliance of the directions issued by this Court in W.P.(MD) Nos.
10777 and 10778 of 2021, dated 11.11.2021 on or before the next date fixed,
failing which the respondents are directed to appear before this Court in
person and explain as to why the aforesaid order has not been complied
with. The respondents shall also file a compliance affidavit in this regard.
7.Put up these cases 'for orders' on 03.04.2025 before the
appropriate Bench. Let a copy of this order be issued to Mr.F.Deepak,
learned Special Government Pleader for the respondents for its necessary
compliance and information.”
4.In compliance of the order passed by this Court, dated 13.03.2025,
Mr.F.Deepak, learned Special Government Pleader appearing on behalf of
the respondents has filed an compliance affidavit annexing the copy of the
order, dated 28.03.2025 passed on behalf of the respondents. In paragraph 7
of the compliance affidavit, it had been clearly stated as follows:
“7.I respectfully submitted that on receipt of copy orders
passed by this Hon’ble Court, Chief Educational Officer, Tirunelveli
have called for service records of petitioner and the same was
forwarded by the District Educational Officer (Secondary), Tirunelveli
vide proceedings in Na.Ka.No.926/A1/2022, dated 18.03.2025 and
thereafter, Chief Educational Officer, Tirunelveli have processed the
proposal forwarded by the District Educational Officer (Secondary),
Tirunelveli and granted necessary approval for the appointment of
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petitioner vide proceedings in Na.Ka.No.2517/A1/2025, dated
28.03.2025 and have also processed the bills for disbursing monetary
benefits and thereby orders passed by this Hon’ble Court have
complied in letter and spirit.”
5.Thus, the learned Special Government Pleader submits that the
approval of the appointment of the petitioner in the post of Scavenger was
already granted and the process have already been taken for disbursing the
monetary benefits in the petitioner's bank account. He further submits that
the exercise for disbursing the monetary benefits in the petitioner's bank
account will be completed within a period of six weeks. Thus, he submits that
the judgment and order passed by this Court in W.P.(MD)No.10777 of 2019,
dated 11.11.2021, has been fully complied with by the respondents and thus,
the respondents may be discharged from the present Contempt proceedings.
6.The learned Counsel for the petitioner submits that the approval of
the appointment of the petitioner in the post of Scavenger has been granted
by the respondents vide order, dated 28.03.2025 and he has also received
the compliance affidavit and the copy of the order passed on behalf of the
respondents, dated 28.03.2025. He submits that he has no objection, if the
respondents are discharged from the present contempt proceedings.
7.Accordingly, In view of the submissions made by the learned counsel
for the parties and upon perusal of the compliance affidavit, especially at para
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7 of the compliance affidavit and the order passed on behalf of the
respondents, dated 28.03.2025, by which the approval for appointment of the
petitioner was granted along with monetary benefits to be paid within a period
of six weeks, this Court also deem it appropriate that no useful purpose would
be served by keeping the contempt proceedings pending. Accordingly, the
respondents are discharged from the contempt proceedings.
8.In view of the above, the Contempt Petition is disposed of. The file
shall be consigned to record. No costs.
Index :Yes / No 06.04.2025
Internet :Yes / No (1/2)
NCC :Yes / No
cmr
To
1.The Director of School Education,
now, Commissioner of School Education,
Chennai – 6.
2.The District Educational Officer,
Cheranmahadevi, Tirunelveli District.
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SHAMIM AHMED, J.
cmr
07.04.2025
(1/2)
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