Madras High Court
St.Peter Higher Secondary School vs M.Sivakumar on 28 April, 2025
CONT.P(MD)No.1484 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD)No.1484 of 2023
St.Peter Higher Secondary School,
through its Correspondent,
Fr.P.Henry Pushbaraj,
Virakaaloor, Lalgudi Taluk,
Thiruchirappalli. ... Petitioner
vs.
1.M.Sivakumar,
Chief Educational Officer,
Thiruchirappalli.
2.K.Muthuselvan,
District Educational Officer,
Lalgudi Education District,
Lalgudi, Thiruchirappalli District. ... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the contemnors/respondents for willful disobeyance to the orders of
this Court, dated 02.09.2022 in W.P.(MD)No.16232 of 2022 and punish the
respondents for contempt.
For Petitioner :Mr.M.Venkatesh Prasad
for Mr.VR.Shanmuganathan
For Respondents :Mr.F.Deepak
Special Government Pleader
*****
1/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:31 pm )
CONT.P(MD)No.1484 of 2023
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.16232 of 2022.
2.Heard Mr.M.Venkatesh Prasad, learned Counsel representing
Mr.VR.Shanmuganathan learned Counsel for the petitioner and Mr.F.Deepak,
learned Special Government Pleader for the respondents.
3.When the matter was taken up on 10.03.2025, this Court has passed
the following order:
“The learned Counsel for the petitioner submits that a bunch of
Writ Petitions have been filed before this Court challenging the
impugned order, by which, the approval for the appointment of the
Teachers, was denied on different posts and it is the case of the
petitioner that vide impugned order, dated Nil.03.2022 (signed on
21.03.2022) was passed, by which, the respondents have not
approved the appointment of one Mr.Milton Jeseph in the petitioner
School for the post of Drawing Teacher with effect from 01.12.2021
and also did not paid the consequential monetary benefits. A
coordinate Bench of this Court, by order, dated 02.09.2022, had
allowed the Writ Petitions filed by the petitioner School and others and
in respect of the Writ Petition filed by the petitioner School in W.P.
(MD)No.16232 of 2022, the following observations has been made:
“Accordingly, the impugned order dated Nil.03.2022
(signed on 21.03.2022), on the file of the third respondent and
the consequential impugned proceedings of the fourth
respondent dated Nil.03.2022 (signed on 28.03.2022) are
quashed. Consequently, there shall be a direction to the
concerned Educational Authorities to forthwith pass orders,
approving the appointment of M.Milton Joseph, to the post of
Drawing Teacher in the petitioner school with effect from
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:31 pm )
01.12.2021, 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.”
2.The learned Counsel for the petitioner further submits that in
spite of the positive directions issued by this Court by which the
impugned order was quashed and the respondents were directed to
approve the appointment of Mr.M.Milton Joseph in the post of Drawing
Teacher in the petitioner School with effect from 01.12.2021 together
with service and monetary benefits within a period of four weeks from
the date of receipt of a copy of that order, the respondents have not
made compliance of the order passed by this Court, dated
02.09.2022.
3.Mr.F.Deepak, learned Special Government Pleader for the
respondents submits that against the order, dated 02.09.2022, passed
in bunch of cases including the Writ Petition filed by the petitioner,
W.A.(MD)No.814 of 2022 has been filed before the Division Bench of
this Court. But, he fairly submits that there is no interim stay granted
by the Division Bench and the appeal is pending for admission.
4.Mr.VR.Shanmuganathan, learned Counsel for the petitioner
submits that respondents shall not take any benefit by filing an appeal
before the Division Bench without getting any interim order and not
complying the order passed by this Writ Court, dated 02.09.2022. He
also submits that if there is no interim order passed by the Division
Bench in appeal filed by the respondents, the respondents shall not
take shelter that they have filed an appeal and shall not comply with
the directions issued by the Writ Court. Thus, they have committed
the contempt of Court and the order passed by this Court has been
deliberately and willfully flouted by the respondents. Thus, they shall
be summoned by this Court and punished for committing the contempt
of Court.
5.Mr.F.Deepak, learned Special Government Pleader for the
respondents submits that one last opportunity may be given to the
respondents to made compliance of the order passed by this Court in
respect of the observations made in W.P.(MD)No.16232 of 2022. He
also submits that he will instruct the respondents to pursue the batch
of Writ Appeals and get interim order on or before the next date fixed
by this Court.
6.Accordingly, after considering the request made by the
learned Special Government Pleader, one last opportunity is granted
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:31 pm )
to the respondents to made compliance of the order passed by this
Court in W.P.(MD)No.16232 of 2022, dated 02.09.2022 or to submit
the interim order of the Division Bench in the pending appeal, if any.
7.Put up this case “for compliance” on 27.03.2025.”
4.Today, when the matter is being taken up, Mr.F.Deepak, learned
Special Government Pleader has produced a compliance affidavit annexing
the copy of the order, dated 24.03.2025. passed by the first respondent and in
paragraph No.7 of the compliance affidavit, it has been clearly stated that the
respondents have made fully complied with the judgment and order passed
by this Court, dated 02.09.2022 passed in W.P.(MD)No.16232 of 2022 and
the approval for appointment of Mr.M.Milton Joseph as Drawing Teacher in
the petitioner School was granted. The compliance affidavit, dated
09.04.2024 is produced before this Court, which is taken on record. The copy
of the compliance affidavit, dated 09.04.2024 was also served on the learned
Counsel for the petitioner. Mr.F.Deepak, learned Special Government
Pleader also submits that whatever the monetary and other benefits due to
Mr.M.Milton Joseph shall be paid to him within a period of two months from
today. Thus, Mr.F.Deepak, learned Special Government Pleader submits that
as the respondents have made complied with the judgment and order passed
by this Court dated 02.09.2022 passed in W.P.(MD)No.16232 of 2022, they
may be discharged from the present Contempt Proceedings.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:31 pm )
5.Mr.M.Venkatesh Prasad, learned Counsel representing
Mr.VR.Shanmuganathan, learned Counsel for the petitioner submits that he
has also received the compliance affidavit, dated 09.04.2024 along with the
copy of the decision taken by the first respondent, dated 24.03.2025 and
submits that the respondents have made complied with the judgment and
order passed by this Court dated 02.09.2022 passed in W.P.(MD)No.16232 of
2022. Thus, he submits that the approval for the appointment of Mr.M.Milton
Joseph to the post of Drawing Teacher in the petitioner School has also been
granted. He also submits that as assured by the learned Special Government
Pleader, the monetary benefits be paid to Mr.M.Milton Joseph within a period
of two months from today and he has no objection that the respondents may
be discharged from the present contempt proceedings and the Contempt
Petition may be disposed of.
6.Accordingly, In view of the submissions made by the learned counsel
for the parties and after perusal of the compliance affidavit, especially at
paragraph No.7 of the compliance affidavit and the order passed on behalf of
the first respondent, dated 24.03.2025, by which the approval for appointment
of Mr.M.Milton Joseph, in the petitioner School was granted, 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. The respondents shall paid all the service
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:31 pm )
and monetary benefits payable to Mr.M.Milton Joseph, as assured by the
learned Special Government Pleader, within a period of two months from
today.
7.In view of the above, the Contempt Petition is disposed of. The file
shall be consigned to record. No costs.
Index :Yes / No 28.04.2025
Internet :Yes / No
NCC :Yes / No
cmr
To
1.The Chief Educational Officer,
Thiruchirappalli.
2.The District Educational Officer,
Lalgudi Education District,
Lalgudi, Thiruchirappalli District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:31 pm )
SHAMIM AHMED, J.
cmr
28.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 04:28:31 pm )
