Madras High Court
Ms.A.Celin Sasi Prabha vs Mr.M.Sivakumar on 22 April, 2025
Contempt Petition (MD)No.1126 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition (MD)No.1126 of 2023
In
W.P.(MD)No.4917 of 2020
Ms.A.Celin Sasi Prabha,
Holy Cross Girls Higher Secondary School,
Teppakulam, Trichy – 620 002. Petitioner/Petitioner
Vs
1.Mr.M.Sivakumar,
The Chief Educational Officer,
The Office of the Chief Educational Officer,
Trichy – 620 002.
2.Mrs.S.Selvi,
The District Educational Officer,
The Office of the District Educational Officer,
Trichy – 620 001. Contemnors/Respondents 3 & 4
PRAYER: Contempt Petition is filed under Section 11 of Contempt of
Courts Act, to punish the Contemnors/ Respondent for willfully disobeying
and not complying with the order passed by this Court in W.P(MD)No.
4917 of 2020, dated 02.09.2022.
1/11
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Contempt Petition (MD)No.1126 of 2023
For Petitioner : Mr.FR.S.Savarimuthu
For M/s.Father Xavier Associates
For Respondents : Mr.F.Deepak
Special Government Pleader
ORDER
This is a petition seeking initiation of contempt proceedings against
the Respondents for violation of the order, dated 02.09.2022 passed by this
Court in W.P.(MD)No.4917 of 2020.
2. Heard Mr.FR.S.Savarimuthu, learned counsel for M/s.Father
Xavier Associates, appearing for the Petitioner and Mr.F.Deepak, learned
Special Government Pleader appearing for the Respondents.
3. When the matter was taken up on 17.03.2025, this Court passed the
following order:
“2. Mr.F.R.S.Savarimuthu, learned counsel for M/s.
Father Xavier Associates, appearing for the Petitioners,
submits that the Private Aided Minority and Non-
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Contempt Petition (MD)No.1126 of 2023
Minority Schools have appointed various teaching staff
members in their Institutions. However, the proposals
sent by the School Management to the concerned
Educational Authority seeking approval for the
appointment of the teachers have been rejected. The
Petitioners are among the teachers whose appointments
as B.T. Assistant (Tamil) and B.T. Assistant (Maths) were
not approved. Aggrieved by this, the Petitioners, along
with other similarly aggrieved teachers, have filed a
bunch of writ petitions in W.P(MD) Nos. 7051 of 2020,
etc., batch, and the Petitioners' writ petitions are
W.P. (MD) Nos. 4917 and 4919 of 2020, respectively.
The learned Single Judge of this Court vide common
judgment and order dated 02.09.2022 allowed the said
Writ Petitions. For better appreciation, the relevant
portion of the order is reproduced below:
“W.P.(MD)No.4917 of 2020:
Accordingly, the impugned order dated
21.10.2019 on the file of the fourth respondent is
quashed. Consequently, there shall be a
direction to the concerned Educational
Authorities to forthwith pass orders, approving
the appointment of the petitioner to the post of
B.T.Assistant (Tamil), in the fifth respondent
school with effect from 07.10.2017, together
with all service and monetary benefits within a
period of four (4) weeks, from the date of receipt
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Contempt Petition (MD)No.1126 of 2023
of a copy of this order.
W.P.(MD)No.4919 of 2020:
Accordingly, the impugned order dated
21.10.2019, on the file of the fourth respondent
is quashed. Consequently, there shall be a
direction to the concerned Educational
Authorities to forthwith pass orders, approving
the appointment of the petitioner to the post of
B.T.Assistant (Maths), in the fifth respondent
school with effect from 02.07.2018, together
with all service and monetary benefits within a
period of four (4) weeks, from the date of receipt
of a copy of this order.”
.............
8. The writ petitions are allowed
accordingly. No costs. Consequently, connected
miscellaneous petitions are closed.”
3. The learned counsel for the Petitioners further
submits that despite the judgment and order passed by
this Court dated 02.09.2022 in W.P.(MD)Nos.4917 and
4919 of 2020, the Respondents have not complied with the
directions of this Court and they have wilfully and
deliberately flouting the orders passed by this Court.
Thus, the learned counsel submits that the Respondents
are in contempt and they may be summoned before this
Court and punished for committing contempt by
exercising the powers under Sections 11 and 12 of the
Contempt of Courts Act, 1971.
4. Upon perusing the judgment and order passed by
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Contempt Petition (MD)No.1126 of 2023
this Court dated 02.09.2022 in W.P.(MD)Nos.4917 and
4919 of 2020 as well as the affidavit filed in support of
the contempt petition, which states that the Respondents
have not complied with the orders of this Court, this
Court is of the view that the respondents appear to have
wilfully and deliberately disobeyed the order of this
Court. Consequently, this Court deems it necessary to
initiate proceedings against the Respondents for their
alleged non-compliance with the said orders.
5. Mr.F.Deepak, learned Special Government
Pleader for the Respondents, submits that proceedings
are ongoing to comply with the judgment and order of
this Court dated 02.09.2022 in W.P.(MD)Nos.4917 and
4919 of 2020. They also assure this Court that whatever
order is passed by this Court will be fully complied with
and requests two weeks' time to ensure compliance with
the said order.
6. In view of the assurance given by Mr.F.Deepak,
learned Special Government Pleader for the
Respondents, this Court grants the Respondents a final
opportunity to comply with the judgment and order of this
Court dated 02.09.2022 in W.P.(MD)Nos.4917 and 4919
of 2020, without fail, within two weeks from today. The
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Contempt Petition (MD)No.1126 of 2023
Respondents are directed to communicate the decision
taken by them to the Petitioners and to file an affidavit of
compliance in this regard within a period of two weeks
from today. Failure to comply with the said order within
the stipulated time frame will require the personal
appearance of the Respondents before this Court on the
next date fixed.
7. Put up this case on 16.04.2025 “For Orders”.
8. Let a copy of this order is given to Mr.F.Deepak,
learned Special Government Pleader for its necessary
compliance and information to the Respondents.”
4. Pursuant to the order dated 17.03.2025, Mr.F.Deepak, the learned
Special Government Pleader for the Respondents, has produced the order
dated 16.04.2025 passed by the 1st Respondent/The Chief Educational
Officer, Trichy District along with the compliance affidavit and submits
that the Respondents have fully complied with the orders passed by the
Writ Court dated 02.09.2022 in W.P.(MD)No.4917 of 2020. A copy of the
said order and the compliance affidavit has been taken on record and
furnished to the learned counsel for the Petitioner.
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Contempt Petition (MD)No.1126 of 2023
5. Mr.F.Deepak, learned Special Government Pleader for the
Respondents, further submits that in the 7th paragraph of the compliance
affidavit, it has been clearly stated that necessary approval has been
granted to the Petitioner for appointment to the post of B.T. Assistant
(Tamil) vide order dated 16.04.2025, and it was also mentioned in
paragraph 7 that the Respondents instructed the Management of the School
to submit necessary bills for disbursing the monetary benefits to the
Petitioner. Thus, he submits that the judgment and order passed by the
Writ Court dated 02.09.2022 in W.P.(MD) No. 4917 of 2020 have been
fully complied with, and therefore, he prays that the Respondents be
discharged from the contempt proceedings.
6. Mr.FR.S.Savarimuthu, learned counsel for M/s.Father Xavier
Associates, appearing for the Petitioner, submits that the judgment and
order passed by the Writ Court dated 02.09.2022 in W.P.(MD)No.4917 of
2020 has been fully complied with by the 1st Respondent/ the Chief
Educational Officer, Trichy District, and that in this regard, an order has
also been issued, which was received by the Petitioner. He further states
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Contempt Petition (MD)No.1126 of 2023
that he has no objection to the Respondents being discharged from the
contempt proceedings.
7. The learned counsel for the Petitioner further submits that the
Respondent may also be directed to pay the monetary benefits to the
Petitioner forthwith.
8. The learned Special Government Pleader submits that once an
order has already been passed by this Court, it is the duty of the
Respondents to comply with the order, and thereafter, the Respondents
may certainly consider the claim of the Petitioner in respect of monetary
benefits from the date of approval. He also assures this Court that the
monetary benefits would be disbursed, after completing other formalities,
within a period of six weeks from today.
9. Considering the submissions made by the learned counsel for the
Petitioner and the learned Special Government Pleader for the
Respondents, and upon perusal of the order dated 16.04.2025, this Court is
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Contempt Petition (MD)No.1126 of 2023
satisfied that the Respondents have fully complied with the judgment and
order of the Writ Court dated 02.09.2022 in W.P.(MD)No.4917 of 2020.
The learned Special Government Pleader has also assured that the
monetary benefits will be disbursed within a period of six weeks from
today. In view of this assurance, this Court deems it appropriate to drop the
contempt proceedings. Accordingly, the Respondents are discharged from
the contempt proceedings.
10. 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.
22.04.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
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Contempt Petition (MD)No.1126 of 2023
To:
1.The Chief Educational Officer,
The Office of the Chief Educational Officer,
Trichy – 620 002.
2.The District Educational Officer,
The Office of the District Educational Officer,
Trichy – 620 001.
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Contempt Petition (MD)No.1126 of 2023
SHAMIM AHMED, J.
Nsr
Contempt Petition (MD)No.1126 of 2023
22.04.2025
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