Madras High Court
M.A.Stephen Sundar Singh vs Mr.B.Chandramohan on 23 April, 2025
Contempt Petition(MD)No.1596 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition(MD)No.1596 of 2018
In
W.P.(MD)Nos.10196 of 2018
M.A.Stephen Sundar Singh,
S/o.D.Y.Mohan Doss,
No.287/5A, Pooranammal Colony,
Kadalayur Road,
Tuticorin District. ...Petitioner/Petitioner
Vs
1.Mr.B.Chandramohan, I.A.S.,
The Secretary to Government,
Education Department,
State of Tamil Nadu,
Secretariat,
St.Fort George,
Chennai – 9.
2.Mr.S.Karupanan,
The Director of Elementary Education,
College Road,
Chennai – 6.
3.Mr.R.Baskaran,
The District Educational Officer,
1/12
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Contempt Petition(MD)No.1596 of 2018
Formerly District Elementary Educational Officer,
Kovilpatti,
Thoothukudi.
4.Tmt.Muthammal,
Block Educational Officer/
Formerly Assistant Elementary Educational Officer,
Kovilpatti,
Thoothukudi. ...Contemnors/Respondents
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.10196 of 2018, dated 28.04.2018.
For Petitioner : Ms.Dhanaseeli
For Respondent : Mr.F.Deepak
Special Government Advocate
ORDER
Heard Ms.Dhanaseeli, learned counsel for the Petitioner and
Mr.F.Deepak, learned Special Government Pleader, accepts notice on
behalf of the Respondents. Therefore, no further notice is required to be
issued to the Respondents.
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Contempt Petition(MD)No.1596 of 2018
2. When the matter was taken up on 07.04.2025, this Court passed the
following order:
“3. Ms.Dhanaseeli, learned counsel for the Petitioner,
submits that the Petitioner's approval for appointment to
the post of Secondary Grade Teacher, has been rejected
by the District Educational Officer vide order dated
20.04.2018. Being no alternative, the Petitioner filed a
Writ Petition in W.P.(MD)No.10196 of 2018, seeking to
quash the order dated 20.04.2018, whereby the
Respondents rejected the Petitioner's appointment and
seeking direction against the Respondents to approve his
appointment as a Secondary Grade Teacher in the
Respondent Institution with effect from the date of his
joining, i.e., 02.07.2012, with all service and monetary
benefits. The learned Single Judge of this Court vide
order dated 28.04.2018 allowed the aforementioned Writ
Petition. For better appreciation, the relevant portion of
the order is reproduced below:
“9. It has been categorically held in the
decision reported in (2016) 4 L.W. 841 – The
Secretary to Government, Government of
Tamil Nadu and Others Vs. S.Jeyalakshmi
and another) that teachers for minority
institutions need not have the qualification of
TET. Since the said reasoning once again has
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Contempt Petition(MD)No.1596 of 2018
been given by the respondents in the
impugned order, in the opinion of this Court,
the same is untenable and therefore, the same
is liable to be interfered with.
10.Accordingly, the impugned order is
quashed and the respondents are directed to
approve the appointment of the petitioner
from the date of his original appointment and
on making such approval, it is needless to
mention that the petitioner shall be entitled to
claim salary from his original appointment.
11.With this direction, this writ petition is
allowed. No costs. Consequently, connected
miscellaneous petitions are closed.”
4. The learned counsel for the petitioner further
submits that when the judgment and order passed by this
Court dated 28.04.2018 in W.P.(MD)No.10196 of 2018
was not complied with, and in the absence of an
alternative remedy, the Petitioner filed a Contempt
Petition (MD)No.1596 of 2018 and the co-ordinate bench
of this Court, vide order dated 01.04.2022, closed the
Contempt Petition with the following observations:
“8. It is an admitted fact that the
petitioner is working in the institution.
Therefore, this Court is of the considered
opinion that the management ought to pay
salary on par with other Teachers. Therefore,
the management is directed to pay the salary
to the petitioner on par with other teachers.
The approval of appointment shall be
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Contempt Petition(MD)No.1596 of 2018
considered after the disposal of the SLP, until
then, the management is responsible to pay
the salary. After the disposal of the two SLPs,
the contemnors shall consider the present
issue and shall pass orders as per the orders
passed in the said two SLPs. The respondents
have preferred a SLP against the Writ Appeal
in Diary No.1409 of 2022 in the present case.
Therefore, the respondents are directed to
consider the issue after the disposal of the
said SLP. Therefore, there is no deliberate
disobedience. The petitioner is at liberty to
reopen the Contempt Petition after the
disposal of SLP.
9.Hence, the Contempt Petition is closed.
No costs”
5. In pursuance of the judgment and order dated
01.04.2022 passed by this Court, the present sub-
application has been filed to reopen the Contempt
Petition (MD)No.1596 of 2018 against the Respondents
on the grounds that the Special Leave Petition (SLP) filed
by the Respondents was dismissed as withdrawn on
20.02.2025. The learned counsel submits that with the
dismissal of the SLP, the order dated 28.04.2018 passed
by the Writ Court in W.P.(MD)No.10196 of 2018 has
attained finality, and the Respondents are now bound to
comply with the directions and observations made
therein.
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Contempt Petition(MD)No.1596 of 2018
6. Despite the dismissal of the SLP over two months
ago, the Respondents have failed to comply with the
judgment and order dated 28.04.2018 passed by the Writ
Court in W.P.(MD)No.10196 of 2018. This deliberate and
wilful non-compliance constitutes contempt of this Court.
Thus, the learned counsel submits that the Respondents
are in contempt. She also submits that the Respondents
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.
7. Mr.F.Deepak, the learned Special Government
Pleader requests that this Court grant the Respondents a
final opportunity to comply with the judgment and order
passed by the Writ Court on 28.04.2018 in
W.P.(MD)No.10196 of 2018. He also assures this Court
that whatever order is passed by this Court will be fully
complied with and request a period of 10 days to ensure
compliance.
8. The learned counsel for the Petitioner has no
objection to the prayer made by the learned Special
Government Pleader for the Respondents.
9. In view of the assurance given by Mr.F.Deepak,
learned Special Government Pleader for the
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Contempt Petition(MD)No.1596 of 2018
Respondents, this Court grants the Respondents a final
opportunity to comply with the judgment and order
passed by the Writ Court dated 28.04.2018 in W.P.
(MD)No.10196 of 2018, without fail, within a period of
10 days from today. The Respondents are directed to
communicate the decision taken by them to the Petitioner
and to file an affidavit of compliance in this regard within
a period of 10 days from today. Failure to comply with
the said order within the stipulated time frame will
necessitate the Respondents' personal appearance before
this Court on the next fixed date.
10. In view of the above, the Sub Application is
allowed and put up the Contempt Petition (MD)No.1596
of 2018 under the caption “For Orders” on 23.04.2025.
11. Let a copy of this order be given to
Mr.F.Deepak, learned Special Government Pleader for
its necessary compliance and information to the
Respondents.
3. Pursuant to the order dated 07.04.2025, Mr.F.Deepak, the learned
Special Government Pleader for the Respondents, has produced an order
dated 16.04.2025 passed by the 3rd Respondent along with the compliance
affidavit. A copy of the said order and the compliance affidavit has been
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Contempt Petition(MD)No.1596 of 2018
taken on record and furnished to the learned counsel for the Petitioner. He
further submits that in Paragraph Nos.6 and 7 of the compliance affidavit,
it has been clearly stated that approval has been granted to the Petitioner
for appointment to the post of Secondary Grade Teacher with effect from
02.07.2012. Thus, he submits that the judgment and order passed by the
Writ Court dated 28.04.2018 in W.P.(MD)No.10196 of 2018 have been
fully complied with, and therefore, he prays that the Respondents be
discharged from the contempt proceedings.
4. Ms.Dhanaseeli, learned counsel for the Petitioner, submits that she
has received the compliance affidavit filed by the 3rd Respondent, annexing
a copy of their decision dated 16.04.2025. She states that the judgment and
order passed by the Writ Court dated 28.04.2018 in W.P.(MD) No. 10196
of 2018 have been complied with. Although the order dated 16.04.2025
mentioned several irrelevant facts, the Respondents have granted approval
for the Petitioner's appointment as a Secondary Grade Teacher, with effect
from 02.07.2012. However, the Petitioner has not yet received monetary
benefits. Therefore, she requests that this Court direct the Respondents to
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Contempt Petition(MD)No.1596 of 2018
pay the monetary benefits to the Petitioner forthwith. She also states that
she has no objection to the Respondents being discharged from the
contempt proceedings at this stage.
5. The learned Special Government Pleader assures this Court that the
monetary benefits would be disbursed to the Petitioner, after completing
other formalities, within a period of two months from today.
6. 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
satisfied that the Respondents have complied with the judgment and order
of the Writ Court dated 28.04.2018 in W.P.(MD)No.10196 of 2018. The
learned Special Government Pleader has also assured that the monetary
benefits will be disbursed within a period of two months 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 at this stage.
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Contempt Petition(MD)No.1596 of 2018
7. In view of the above, the Contempt Petition is disposed of with a
direction to the Respondents to disburse the monetary benefits to the
Petitioner within a period of two months from today, without fail. The file
shall be consigned to the record. There shall be no order as to costs.
23.04.2025
Index:Yes/No
Web:Yes/No
Speaking/Non Speaking
Nsr
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Contempt Petition(MD)No.1596 of 2018
To:
1.The Secretary to Government,
Education Department,
State of Tamil Nadu,
Secretariat,
St.Fort George,
Chennai – 9.
2.The Director of Elementary Education,
College Road,
Chennai – 6.
3.The District Educational Officer,
Formerly District Elementary Educational Officer,
Kovilpatti,
Thoothukudi.
4.The Block Educational Officer/
Formerly Assistant Elementary Educational Officer,
Kovilpatti,
Thoothukudi.
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Contempt Petition(MD)No.1596 of 2018
SHAMIM AHMED, J.
Nsr
Contempt Petition(MD)No.1596 of 2018
23.04.2025
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