Madras High Court
T.Meenakshi vs Mr.Mangat Ram Sharma on 21 July, 2025
Contempt Petition (MD)No.670 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition (MD)No.670 of 2019
In
W.P.(MD)No.15823 of 2014
T.Meenakshi,
W/o.M.S.Sundaresan,
Plot No.126, 6th West Street,
Officers Town,
Meenakshipuram,
Madurai – 625 002. Petitioner
Vs
1.Mr.Mangat Ram Sharma, I.A.S.,
At Present Mr.Pradeep Yadav, I.A.S.,
The Secretary to Government,
Higher Education Department,
Fort St.George,
Chennai – 9.
2.Dr.V.C.Rameswaramurugan,
At Present Mr.Karmegam, I.A.S.,
The Director of Collegiate Education,
College Road, Chennai – 6. Respondents
1/18
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Contempt Petition (MD)No.670 of 2019
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.15823 of 2014, dated 04.01.2019.
For Petitioner : Mr.S.Sukumar
For M/s.APN Law Associates
For Respondents : Mr.M.Ajmal Khan
Additional Advocate General
Assisted by,
Mr.D.Sadiq Raja
Additional Government Pleader
ORDER
Heard Mr.S.Sukumar, learned counsel for M/s.APN Law Associates,
appearing for the Petitioner and Mr.M.Ajmalkhan, learned Additional
Advocate General assisted by Mr.D.Sadiq Raja, learned Additional
Government Pleader, accepts notice on behalf of the Respondents.
Therefore, no further notice is required to be issued to the Respondents.
2. This Court vide order dated 08.07.2025 passed the following order:
“This petition has been filed to reopen the
Contempt Petition (MD)No.670 of 2019 in W.P.
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Contempt Petition (MD)No.670 of 2019
(MD)No.15823 of 2014, order dated 29.01.2020.
2. Heard Mr.S.Sukumar, learned counsel for
M/s.APN Law Associates, appearing for the Petitioner
and Mr.D.Sadiq Raja, learned Additional Government
Pleader, accepts notice on behalf of the Respondents.
Therefore, no further notice is required to be issued to
the Respondents.
3. Mr.S.Sukumar, learned counsel for the
Petitioner, submits that the Petitioner was aggrieved by
the Respondents' order dated 07.08.2014, which
rejected her claim for appointment as College
Librarian under UGC norms with retrospective effect
and attendant benefits. Having no alternative, the
Petitioner filed W.P.(MD)No.15823 of 2014, seeking to
quash the said order and seeking a direction to the
Respondents to appoint her as College Librarian under
UGC norms with retrospective effect and all applicable
scale benefits. The learned Single Judge of this Court
vide order dated 04.01.2019 allowed the
aforementioned Writ Petition. For better appreciation,
the relevant portion of the order is reproduced below:
“5.In the last mentioned order it has
been clearly held that the Director of
Education Department has issued guidelines
on 13.06.2016, wherein, it has been stated
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Contempt Petition (MD)No.670 of 2019
that as per G.O.Ms.No.104, Higher
Education Department, dated 18.05.2009, the
candidates holding M.Phil or Ph.D degree
need not pass National Eligibility Test or
State Level Eligibility Test or an accredited
test. In the second mentioned order, this
Court has also observed that there is no need
to the petitioner to approach this Court for
getting appropriate relief,
holding in paragraph No.12 that even if all
the persons aggrieved do not approach the
Court, the authorities cannot deny them the
benefit of the order, when they are similarly
placed.
6.The learned Government Advocate
appearing for the respondents submitted that
these decisions have attained finality as S.L.P
filed against these orders have been
dismissed on 26.08.2010 in S.L.P.Civil
C.C.No.12101 of 2010.
7.With the above observations, this Writ
Petition is allowed with the consequential
relief to the petitioner and the impugned
order dated 07.08.2014 in NA.KA.No.
25114/C2/2014 is quashed. No costs.
Consequently, connected miscellaneous
petition is closed.”
4. The learned counsel for the Petitioner submits
that as against the judgment and order dated
04.01.2019 in W.P.(MD)No.15823 of 2014, the
Respondents filed a Writ Appeal in W.A.(MD)No.909 of
2019 and the Hon'ble Division Bench of this Court vide
judgment and order dated 09.09.2019 dismissed the
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Contempt Petition (MD)No.670 of 2019
Writ Appeal on the following terms:
“6. The learned counsel for the
respondent / writ petitioner contended that
as many as thirty orders have been passed by
this Court in writ petitions filed by similarly
placed persons as that of the respondent and
all the writ petitions were allowed and
orders have been implemented. Further, the
learned counsel referred to the proceedings
of the second appellant, dated 01.02.2011. It
is pointed out that the persons, who are
similarly placed to that of the respondent,
were posted as College Librarian and all
those persons had acquired M.Phil degree
only in March 2008. In this regard, he
referred to the names of the candidates, who
were appointed as College Librarians, which
read thus:-
(1) K.Chandra, who was working as
Assistant in Kayide Millath Government
Women's College, Chennai posted as College
Librarian in Kayide Millath Government
Women's College, Chennai;
(2) R.Parthasarathi, who worked as Assistant
in Directorate of Collegiate Education,
Chennai and acquired M.Phil in July, 2008 is
posted as Librarian at Periyar E.V.R.
College, Trichy.;
(3) N.Umar, who worked as Superintendent,
Office of the Director of College Education,
Chennai and acquired M.Phil in March
2008, is posted as Librarian at Presidency
College, Chennai;
(4) R.Godhandaraman, who worked
Assistant at Directorate of Collegiate
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Contempt Petition (MD)No.670 of 2019
Education, Chennai and acquired M.Phil in
February, 2008 is posted at Government
Men's Arts College, Nandanam, Chennai
and;
(5) M.Masilamani, who acquired his M.Phil
in March, 2008 and worked as
Superintendent, Office of the Director of
College Education, Velur is posted as
Librarian at Ulaganatha Narayanasamy
Government College, Ponneri.
7. We find that the orders passed in the
earlier writ petitions have been implemented
and other similarly placed persons as that of
the respondent have been granted the
benefits and we find no reason to take a
different view in the present appeal.
Accordingly, this writ appeal stands
dismissed. No costs. Consequently, connected
miscellaneous petition is closed.”
5. The learned counsel for the petitioner further
submits that when the judgment and order passed by
this Court dated 04.01.2019 in W.P.(MD)No.15823 of
2014 was not complied with, and in the absence of an
alternative remedy, the Petitioner filed a Contempt
Petition (MD)No.670 of 2019 and the co-ordinate
bench of this Court, vide order dated 29.01.2020,
closed the Contempt Petition with the following
observations:
“4.Earlier, when the contempt petition
was taken up for hearing, considering the
fact that the SLPs filed in similar matters
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Contempt Petition (MD)No.670 of 2019
were dismissed and there is no interim order
in the SLP filed in the present case, this
Court by order dated 02.01.2020 has ordered
statutory notice.
5.Today, when the contempt petition
was taken up for hearing, learned Additional
Government Pleader appearing for the
contemnor would produce the order dated
17.01.2020 made in SLP(Civil)No.630/2020
filed in the present case and submitted that
the Hon'ble Supreme Court has granted an
order of interim stay.
6.In view of the same, the statutory
notice ordered on 02.01.2020 is hereby
recalled and the contempt petition is closed.”
6. In pursuance of the judgment and order dated
29.01.2020 passed by the co-ordinate bench of this
Court, the present sub-application has been filed to
reopen the Contempt Petition (MD)No.670 of 2019
against the Respondents on the grounds that the
Special Leave Petition (SLP) filed by the Respondents
was dismissed on 22.08.2023. For better appreciation,
the relevant portion of the said judgment and order is
reproduced hereunder:
“Leave granted.
The appeal is dismissed in terms of the
signed order.
Pending application (s), if any, stand
closed.”
The learned counsel submits that with the
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Contempt Petition (MD)No.670 of 2019
dismissal of the SLP, the order dated 04.01.2019
passed by the Writ Court in W.P.(MD)No.15823 of
2014 has attained finality, and the Respondents are
now bound to comply with the directions and
observations made therein.
7. Despite the dismissal of the SLP over 22 months
ago, the Respondents have failed to comply with the
judgment and order dated 04.01.2019 passed by the
Writ Court in W.P.(MD)No.15823 of 2014. This
deliberate and wilful non-compliance constitutes
contempt of this Court. Thus, the learned counsel
submits that the Respondents are in contempt. He 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.
8. The learned counsel for the Petitioner submits
that, as the Petitioner has now retired from service, this
Court may be pleased to direct the Respondents to
grant all service and monetary benefits due to the
Petitioner. He also draws the attention of this Court to
the judgment and order passed by the Division Bench
of this Court in the case of The District Educational
Officer, Tenkasi, Tenkasi District vs S.Packia Ruby
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Contempt Petition (MD)No.670 of 2019
[W.A.(MD)No.1142 of 2023, dated 29.10.2024],
wherein the Division Bench made the following
observations:
“3.We see no reason to interfere with the
order of the Writ Court. The authorities will
approve the appointment of the 1st respondent
as Secondary Grade Teacher and also pay her
salary and other attendant benefits with effect
from the date of her appointment till date of
payment within 12 weeks from the date of
receipt of copy of this order. If the amount is not
paid within 12 weeks, the authorities will pay
12% interest from the date of which the amount
actually became due till the date of payment. No
Costs. Consequently, connected miscellaneous
petition is closed.”
9. The learned counsel for the Petitioner submits
that, in line with the direction of the Division Bench,
this Court should direct the Respondents to pay interest
at the rate of 12% per annum on the belated payment of
arrears from the date of the judgment and order passed
by the Writ Court dated 04.01.2019 till the actual
payment is made, considering the delay caused by the
Respondents.
10. After hearing the submissions made by the
learned counsel for the parties and perusing the
judgments and orders passed by the Writ Court on
04.01.2019 in W.P.(MD)No.15823 of 2014, the
Appellate Court on 09.09.2019 in W.A.(MD)No.909 of
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Contempt Petition (MD)No.670 of 2019
2019, and the Hon'ble Apex Court on 22.08.2023 in
Special Leave to Appeal (C) No(s).1983 of 2020, this
Court observes that despite the lapse of almost 22
months since the Hon'ble Apex Court's judgment, the
Respondents have not taken any steps to comply with
the Writ Court's order. Therefore, this Court deems it
necessary to initiate proceedings against the
Respondents for their alleged non-compliance.
Furthermore, the prayer made by the learned counsel
for the Petitioner regarding interest appears to be
justified.
11. At this juncture, Mr.D.Sadiq Raja, learned
Additional Government Pleader, requests this Court to
grant the Respondents a final opportunity to comply
with the Writ Court's judgment and order dated
04.01.2019 in W.P.(MD)No.15823 of 2014. He assures
this Court that the Respondents will fully comply with
the Court's orders and undertakes to pay the Petitioner
all due monetary and service benefits. He requests a
period of 10 days to ensure compliance and further
submits that the payment of interest will be considered
and intimated to the Respondents. In this regard, he
undertakes to file a compliance affidavit, along with
the decision taken by the Respondents, on or before the
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Contempt Petition (MD)No.670 of 2019
next date fixed by this Court.
12. The learned counsel for the Petitioner has no
objection to the request made by the learned Additional
Government Pleader for the Respondents.
13. In view of the assurance made by the learned
Additional Government Pleader, this Court grants the
Respondents a final opportunity to comply with the
judgment and order of the Writ Court dated 04.01.2019
in W.P.(MD)No.15823 of 2014, without fail, within a
period of ten days from today.
14. In view of the judgment and order passed by
the Division Bench of this Court in the case of The
District Educational Officer, Tenkasi, Tenkasi
District vs S.Packia Ruby [W.A.(MD)No.1142 of
2023, dated 29.10.2024], this Court directs the
Respondents to consider and pay 12% interest on the
belated payment of arrears from the date of the Writ
Court's order dated 04.01.2019 till the actual payment
is made, taking into account the delay caused by the
Respondents. Further, the Respondents are directed to
pay all service and retiral benefits due to the
Petitioner, as the Petitioner has already retired from
service.
15. The Respondents are directed to communicate
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Contempt Petition (MD)No.670 of 2019
their decision to the Petitioner and file an affidavit of
compliance on the next date fixed. Failure to comply
with this order within the stipulated timeframe will
require the Respondents to appear in person before
this Court on the next date fixed to explain why the
order of the Writ Court has not been complied with and
thereafter this Court will proceed to initiate the
contempt proceedings against the Respondents.
16. In view of the above, the Sub Application is
allowed and put up the Contempt Petition (MD)No.670
of 2019 under the caption “For Orders” on 21.07.2025
before this Court.
17. Let a copy of this order be given to
Mr.D.Sadiq Raja, learned Additional Government
Pleader for its necessary compliance and information
to the Respondents.”
3. Today, when the matter was taken up, Mr.M.Ajmal Khan, the
learned Additional Advocate General, assisted by Mr.D.Sadiq Raja, the
learned Additional Government Pleader, produced an affidavit filed by
Mrs. E. Sundaravalli, I.A.S., who is presently serving as the Director of
Collegiate Education, Chennai. The learned counsel reiterated the
averments made in the affidavit and submitted that, in pursuance of the
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Contempt Petition (MD)No.670 of 2019
order passed by this Court dated 08.07.2025 in Sub Application (MD) No.
227 of 2024, the 2nd Respondent instructed the Institution to forward the
necessary proposal for disbursing all service and monetary benefits to the
Petitioner. Accordingly, the Institution forwarded the necessary proposal,
dated 15.07.2025, to the 2nd Respondent. Upon receipt of the proposal, the
2nd Respondent made the requisite recommendation to the 1st Respondent,
vide order dated 16.07.2025, for disbursing the service and monetary
benefits. The 1st Respondent has taken necessary steps to disburse the
monetary benefits to the Petitioner at the earliest. A copy of the said
affidavit has been taken on record and furnished to the learned counsel for
the Petitioner. For better appreciation, the relevant paragraphs of the
affidavit filed by Mrs.E.Sundaravalli, I.A.S., are reproduced hereunder.
“7. I respectfully submitted that pursuant to the
direction issued by the 2nd contemnor herein, the
Principal of Meenakshi Government Arts College,
Madurai have forwarded necessary proposal dated
15.07.2025. On receipt of the same said proposal was
processed by the 2nd contemnor herein and have made
necessary recommendations to the 1st contemnor vide
proceedings Na.Ka.No. TNDCE/5099/2025-C2, dated
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Contempt Petition (MD)No.670 of 2019
16.07.2025 for disbursing a sum of Rs.27,95,970/-
towards arrears during service and a sum of Rs.
13,98,114/- towards pension arrears and a sum of Rs.
61,065/- towards interest for service arrears of
payment and a sum of Rs.1,60,899/- towards interest on
payment of pension arrears ie., totally to disburse a
sum of Rs.44,16,048/- to arrears and interest payable
to the Petitioner herein as per order dated 04.01.2019
passed by this Hon'ble Court in W.P.(MD)No.15823 of
2014.
8. I respectfully submitted that 1st contemnor
herein have taken necessary steps for getting financial
sanction from finance department and administrative
sanction from Government, once the same is granted
necessary orders would be passed by the 1st contemnor
herein and consequentially bills for disbursing
monetary benefits to the Petitioner herein would be
processed and disbursed and said exercise would be
completed as early as possible.”
4. Mr.S.Sukumar, learned counsel for M/s. APN Law Associates,
appearing on behalf of the Petitioner, has received a copy of the affidavit
filed by Mrs. E.Sundaravalli, I.A.S., who is presently serving as the
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Director of Collegiate Education, Chennai. Mr.Sukumar submits that he
has perused paragraph no.7 of the affidavit, in which a proposal for
payment has been made. He requests that a positive direction be issued to
the Respondents to make the payment to the Petitioner within the time
frame fixed by this Court.
5. At this juncture, Mr.M.Ajmal Khan, learned Additional Advocate
General, assisted by Mr.D.Sadiq Raja, learned Additional Government
Pleader, requests that this Court grant the Respondents a period of four
weeks to provide the services and monetary benefits due to the Petitioner.
He further requests that the said benefits be paid to the Petitioner without
fail, and that the Respondents be discharged from the present contempt
proceedings.
6. Mr.S.Sukumar, learned counsel appearing for the Petitioner,
submits that he has no objection to the Respondents being discharged from
the contempt proceedings at this stage, provided the service and monetary
benefits due to the Petitioner are paid within four weeks from today. He
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Contempt Petition (MD)No.670 of 2019
further submits that the contempt petition may be disposed of accordingly.
7. After considering the submissions made by the learned counsel for
the parties and upon perusal of the judgments and orders passed by the
Writ Court on 04.01.2019 in W.P. (MD) No. 15823 of 2014, the Appellate
Court on 09.09.2019 in W.A. (MD) No. 909 of 2019, and the Hon'ble
Apex Court on 22.08.2023 in Special Leave to Appeal (C) No(s). 1983 of
2020, as well as the affidavit filed by the 2nd Respondent, particularly
paragraph no. 7, this Court is of the considered view that the Respondents
have complied with the judgment and order of the Writ Court dated
04.01.2019 in W.P. (MD) No. 15823 of 2014. However, as submitted by
Mr.M.Ajmal Khan, learned Additional Advocate General, the monetary
and service benefits due to the Petitioner shall be credited to the
Petitioner's account within a period of four weeks from today. In light of
the above, this Court finds no justification to proceed further with the
present contempt petition. Accordingly, the contempt proceedings are
dropped, and the Respondents are discharged at this stage.
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Contempt Petition (MD)No.670 of 2019
8. With the above observations and direction, the present Contempt
Petition is disposed of at this stage with a direction to the Respondents to
disburse the service and monetary benefits to the Petitioner within a period
of four weeks from today, without fail. The file shall be consigned to the
record. There shall be no order as to costs.
21.07.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
To:
1.The Secretary to Government,
Higher Education Department,
Fort St.George,
Chennai – 9.
2.The Director of Collegiate Education,
College Road, Chennai – 6.
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Contempt Petition (MD)No.670 of 2019
SHAMIM AHMED, J.
Nsr
Contempt Petition (MD)No.670 of 2019
21.07.2025
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