Madras High Court
A.Kiruthika vs M.Aruna on 25 April, 2025
CONT.P(MD)No.916 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD)No.916 of 2025
A.Kiruthika ... Petitioner
vs.
M.Aruna, I.A.S.,
District Collector,
Collectorate, Pudukottai District. ... Respondent
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the contemnor/respondent in W.P.(MD)No.25648 of 2022 for wilful
disobedience of order, dated 21.06.2024.
For Petitioner :Mr.R.Pranjothi
for M/s.KBS Law Office
For Respondent :Mr.D.Sadiq Raja
Additional Government Pleader
*****
ORDER
This is a petition seeking initiation of contempt proceedings against the
respondent for violation of the order, dated 21.06.2024 passed by this Court
in W.P.(MD)No. 25648 of 2022.
2.Heard Mr.R.Paranjothi, learned Counsel for the petitioner and
Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondent.
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3.The petitioner had filed a Writ Petition bearing W.P.(MD)No.25648 of
2022 before this Court with a prayer to direct the first respondent in the Writ
Petition to give suitable employment on compassionate ground and to direct
the second respondent in the Writ Petition to issue an integrated certificate as
requested by the first respondent. This Hon'ble Court vide judgment and
order, dated 21.06.2024, dispose of the said Writ Petition by observing as
follows:
“Heard Mr.R.Paranjothil, learned counsel for the petitioner and
Mr.J.Ashok, learned Government Advocate for the respondents.
2. This Writ Petition has been filed for issuance of Writ of
Mandamus seeking direction against the first respondent to give
suitable employment on compassionate ground and to direct the
second respondent to issue a integrated certificate as requested by
the first respondent for compassionate appointment.
3. Mr.R.Paranjothil, learned counsel for the petitioner
submitted that the petitioner's mother who was employed as Junior
Assistant in the Revenue Department was permitted to retire on
medical invalidation. The petitioner is the eldest daughter and her
sister namely Aarthi got married a person of her choice and she was
selected as Junior Assistant through TNPSC. She is living separately
along with her husband without providing any monetary assistance to
the family. Under such circumstances, the petitioner's mother
submitted an application seeking compassionate appointment for the
petitioner and the same was returned for certain defects and also
directed the petitioner to produce the necessary documents including
Integrated Certificate from the jurisdictional Tahsildar along with the
application. In pursuance thereof, when the petitioner approached the
second respondent with the application, the same was rejected vide
order dated 07.10.2021 on the ground that the petitioner's sister was
already employed in the Government Department. The petitioner's
mother submitted another application dated 02.11.2020 reiterating the
family circumstances and requested to consider the application. Since
no action was taken, the petitioner approached this Court by way of
filing this Writ Petition.
4. The learned counsel for the petitioner submitted that the
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respondents without considering the guidelines of G.O.Ms.No.18,
Labour and Employment Department dated 23.01.2020 for issuing
Integrated Certificate, has rejected the petitioner's application.
5. The Government Order in G.O.Ms.No.18 Labour and
Employment Department dated 23.01.2020 was issued by laying
certain guidelines for compassionate appointment. The guidelines of
the above Government Order would state that if any one of the family
members is in the Government Department, even before the death /
retirement/ voluntary retirement on medical validation of the
Government employee, and was living separately without extending
any help for the family, then the case of other eligible dependants can
be considered. The petitioner claims that her sister has already got
married and her employment is nothing to do with the petitioner's
family which is suffering in penury due to retirement on medical
invalidation of her mother.
6. In view of the above facts and circumstances of the case,
this writ petition is disposed of and the respondents are directed to
make a comprehensive enquiry and directed to issue Integrated
Certificate by considering the ground realities as to the economical
fitness of the person concerned for getting appointment as claimed.
The said exercise shall be completed within a period of four weeks
from the date of receipt of a copy of this order. No costs.”
4.The learned Counsel for the petitioner submits that despite the
judgment and order passed by the this Court dated 21.06.2024 passed in
W.P.(MD)No.25648 of 2022, the respondent had not complied with the
directions of this Court and had wilfully and deliberately flouting the order
passed by this Court and thus, the respondent had committed the contempt of
Court and she should be summoned and punished by this Court by exercising
the power under Sections 11 and 12 of the Contempt of Court Act.
5.Mr.D.Sadiq Raja, learned Additional Government Pleader, submits
that the judgment and order passed by the Writ Court, dated 21.06.2024
passed in W.P.(MD)No.25648 of 2022 has been complied with and this fact
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has been stated by the petitioner himself in paragraph No.3 of the affidavit,
which reproduced hereunder:
“3.I submit that, in pursuance of the order of this Hon’ble High
Court in the aforesaid writ petition in W.P.(MD)no.25648 of 2022 by its
order dated 21.06.2024, the Tahsildar, Pudukottai 2nd Respondent in
the writ petition conducted the enquiry issued an integrated certificate
to me by his proceedings dated 25.09.2024 in Mu.Mu.No.A6/69/2021.”
6.Thus, Mr.D.Sadiq Raja, learned Additional Government Pleader,
submits that the judgment and order passed by the Writ Court, dated
21.06.2024, passed in W.P.(MD)No.25648 of 2022 has been fully complied
with and after due enquiry, the petitioner was issued with an integrated
certificate and that he may apply for future employment in accordance with
law and as per rules and there is no any such direction by the Writ Court to
give employment to the petitioner. Thus, he submits that the present
Contempt Petition is fully misconceived and liable to be dismissed.
6.After considering the arguments as advanced by the learned
Counsels for the parties and after perusal of the judgment and order passed
by the Writ Court, dated 21.06.2024 passed in W.P.(MD)No.25648 of 2022
and the averments made in the affidavit filed in support of this Contempt
Petition, it is crystal clear that the judgment and order passed by the Writ
Court has been complied with and this fact has been confirmed by the
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petitioner himself in paragraph No.3 of the affidavit and after conducting
enquiry, the petitioner was issued with an integrated certificate and there is no
specific direction by the Writ Court to the respondent to give employment to
the petitioner. If the petitioner is eligible, he may apply before the competent
authority for getting employment in accordance with law and rules. Thus, no
contempt has been made out, as stated by the petitioner. Hence, this
Contempt Petition is totally misconceived and accordingly, the present
Contempt Petition is dismissed. The file is consigned to record. No order as
to costs.
Index :Yes / No 25.04.2025
Internet :Yes / No
NCC :Yes / No
cmr
To
The District Collector,
Collectorate, Pudukottai District.
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SHAMIM AHMED, J.
cmr
25.04.2025
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