Madras High Court
D.Paul Daniel vs Mr.C.Nedunchezhian on 2 July, 2025
Sub Application (MD)Nos.255 and 256 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Sub Application (MD)Nos.255 and 256 of 2025
In
Contempt Petition (MD)Nos.1633 and 1696 of 2024
In
W.P.(MD)Nos.1636 and 1637 of 2015
Sub Application (MD) No.255 of 2025:
D.Paul Daniel,
S/o.Prabhu Doss,
Saralthundu Vilai Veedu,
Uthaya Marthandam Post,
Kanyakumari District.
Petitioner/Petitioner/Writ Petitioner
Vs
1.Mr.C.Nedunchezhian, IAS.,
The Accountant General,
Office of the Accountant General,
Chennai, Tamil Nadu,
261, Annasalai, Chennai – 600 018.
2.Mr.Kumaragurubaran, IAS.,
The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St.George, Chennai – 600 009.
1/15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
3.Mr.G.Arivoli,
The Director of School Education,
College Road, Chennai – 600 006.
4.Mr.BalaDhandayuthapani,
The Chief Educational Officer,
Kanyakumari District at Nagercoil,
Kanyakumari District – 629 001.
5.Mr.Marimuthu,
The District Educational Officer,
Kuzhithurai,
Kanyakumari District.
Contemnors/Contemnors/Respondent Nos.1 to 5
PRAYER: Petition is filed under Section 11 of Contempt of Courts Act,
1971, r/w Section 151 of CPC, to reopen the Contempt Petition (MD)No.
1696 of 2024 disposed on 20.02.2025 in W.P.(MD)No.1636 of 2015.
Sub Application (MD) No.256 of 2025:
M.LigiRethna Bai,
W/o.Doss,
Gift of God Illam,
NellikaivilaiPaloor,
Karungal Post,
Kanyakumari District.
Petitioner/Petitioner/Writ Petitioner
Vs
1.Mr.C.Nedunchezhian, IAS.,
The Accountant General,
Office of the Accountant General,
Chennai, Tamil Nadu,
261, Annasalai, Chennai – 600 018.
2/15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
2.Mr.Kumaragurubaran, IAS.,
The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St.George, Chennai – 600 009.
3.Mr.G.Arivoli,
The Director of School Education,
College Road, Chennai – 600 006.
4.Mr.BalaDhandayuthapani,
The Chief Educational Officer,
Kanyakumari District at Nagercoil,
Kanyakumari District – 629 001.
5.Mr.Marimuthu,
The District Educational Officer,
Kuzhithurai,
Kanyakumari District.
Contemnors/Contemnors/Respondent Nos.1 to 5
PRAYER: Petition is filed under Section 11 of Contempt of Courts Act,
1971, r/w Section 151 of CPC, to reopen the Contempt Petition (MD)No.
1633 of 2024 disposed on 20.02.2025 in W.P.(MD)No.1637 of 2015.
(In Both Contempt Petitions)
For Petitioner : Mr.R.Maheswaran
For Respondents : Mr.P.Gunasekaran
Standing Counsel
For R-1
Mr.D.Sadiq Raja
Additional Government Pleader
For R-2 to R-5
3/15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
COMMON ORDER
These petitions have been filed to reopen the Contempt Petition
(MD)Nos.1633 and 1696 of 2024 dated 20.02.2025.
2. Heard Mr.R.Maheswaran, learned counsel appearing for the
Petitioner, Mr.P.Gunasekaran, learned Standing Counsel who accepts
notice for the 1st Respondent and Mr.D.Sadiq Raja, learned Additional
Government Pleader who accepts notice for the Respondents 2 to 5.
3. Mr.R.Maheswaran, learned counsel appearing for the Petitioner
submits that the Petitioners filed Writ Petitions in W.P.(MD)No.1636 and
1637 of 2016 and the learned Single Judge of the Writ Court vide common
judgment and order dated 09.01.2019 allowed the said Writ Petitions in the
following terms:
“7.I am in respectful agreement with the
views expressed by the Division Bench. If the State
Government is allowed to refuse pension to the
employees by taking hyper technical stand as
taken in this case, it will only result in miscarriage
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
of justice. Already persons like that of the
petitioners have been squeezed till the last drop of
blood to work for the State Government and the
Education Department on a monthly salary of Rs.
105/-. After a long drawn fight for about 10 years,
they were favoured with regularisation with
retrospective effect. They should not be allowed to
suffer further. In my considered opinion, the State
Government should be magnanimous to consider
their rights de hors the technicalities of law. I am
therefore of the considered opinion that the orders
passed by the Account General rejecting the
pension proposals are liable to be quashed and
the same are quashed. The writ petitions are
allowed directing the respondents to calculate the
pension payable to the petitioners by counting
50% of the services rendered by them as so-called
part-time workers and pay pension along with all
arrears within a period of eight weeks from the
date of receipt of a copy of this order. Needless to
say that the arrears of pension will carry interest
at 18% per annum from the date of retirement till
the date of payment. The 18% interest is awarded
taking into account the technical stand adopted by
the Government and the fact that the Government
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
charges 24% interest for belated payment of
deficit stamp duty under Section 47(A) of the
Indian Stamp Act. No costs. Consequently,
connected miscellaneous petitions are closed.”
4. Mr.R.Maheswaran, learned counsel appearing for the Petitioner
submits that aggrieved by the order of the Writ Court dated 09.01.2019 in
W.P.(MD)No.1636 and 1637 of 2016, the Respondents filed Writ Appeal
bearing CMP(MD) No.14066 of 2024 in W.A.(MD)SR.No.73507 of 2024
and CMP(MD)No.14084 of 2024 in W.A.(MD)SR.No.73231 of 2024 and
the Hon'ble Division Bench of this Court vide order dated 20.11.2024 was
pleased to dismiss the aforesaid appeals. A copy of the said judgment is
annexed at page no.9 of the typed set of papers. For better appreciation, the
relevant portion of the order in one of the Writ Appeal in CMP(MD) No.
14066 of 2024 in W.A.(MD)SR.No.73507 of 2024 is reproduced below:
“4. Insofar as the delay is concerned, between
06.02.2019 to the end of February 2019, when the
pandemic started, the only reason assigned is that the
papers were forwarded to the higher officials and
there, they got mixed up with the other bundles. We are
not convinced with such a reason assigned since even
if the papers have been mixed up, there must be some
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
reasonable time, which could be extended for such
lapse. Likewise, once again, the petitioners herein
claimed to have lost the papers while there was a
bifurcation of the Educational District. Even this claim
is over a period of two years between 22.09.2022 and
13.07.2024, when the contempt notice was issued.
5. We do not intend to extend any sympathy for
such careless attitude of the petitioners in having dealt
with the matter and denied the monetary benefits,
which the first respondent is otherwise entitled to.
Apparently, the appeal has been made with a faint
attempt to escape from the contempt proceedings. We
do not intend to be a part of such a conduct of the
petitioners. Since the delay has not been explained
satisfactorily, there are no grounds to condone the
same.
6. Accordingly, the Civil Miscellaneous Petition
stands dismissed. Consequently, W.A.(MD).SR.No.
73507 of 2024 stands rejected.”
5. Aggrieved against the order dated 20.11.2024 passed by the
Appellate Court, the Respondents preferred SLP before the Hon'ble Apex
Court bearing Special Leave to Appeal (c) No(s).4262 of 2025 which was
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
also dismissed by the Hon'ble Apex Court vide judgment and order dated
14.02.2025. A copy of the said judgment is annexed at page no.15 of the
typed set of papers. For better appreciation, the relevant portion of the
order is reproduced below:
“In the attending facts and circumstances of the
case, we are not included to interfere with the
impugned order(s).
2. The Special Leave Petitions are dismissed
leaving the question of law open.
3. The dismissal of these petitions shall not be
treated as a binding precedent.
4.Pending application(s), if any, shall stand
disposed of.”
6. The learned counsel for the Petitioner further submits that since the
judgment and order dated 09.01.2019 passed by the Writ Court in W.P.
(MD)Nos.1636 and 1637 of 2016 was not complied with by the
Respondents, the Petitioners filed Contempt Petition (MD)Nos.1633 of
2024 and 1696 of 2024 before the co-ordinate Bench of this Court. The
co-ordinate Bench of this Court, after considering the averments made in
the Contempt Petitions, the judgment and order dated 20.11.2024 passed
by the Appellate Court, and the judgment and order dated 14.02.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
passed by the Hon'ble Apex Court, finally closed the Contempt Petitions
vide a common judgment and order dated 20.02.2025. The relevant portion
of the order is reproduced hereunder:
“9. This Court had considered the rival
submissions. Earlier the government departments had
appointed part time/full-time daily wages for certain
categories of employment. Then the government had
taken policy decision that in future certain categories
of employment, especially sweepers and scavengers,
bill collectors etc. would be outsourced. And also taken
a policy decision to grant regularization for the
existence employers and the eligibility criteria was
fixed by issuing G.O.Ms.No.22 to grant regularization.
But when the part time employees were granted
regularization, the Government had issued G.O.Ms.No.
74 P &AR Department dated 27.06.2013 declining
regularization for part time employers. When the same
was put to challenge, the Courts directed to grant
regularization for part time employees also. Therefore,
the government was burden with more than 1000 such
part time employers for regularization for both the part
time and full-time employees. Infact the government
was planning to stop employing, but reverse happened
and the government employed them based on Court
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
orders. Hence the government was constraint to pay
salary in time scale, then pension. Now the government
is put in a position to pay interest to said petitioners,
part time employees. If the same is paid to the
petitioners, then all the similarly persons would again
demand interest for the belated payment of pension and
other benefits, then the government ought to face
severe financial constraint. Ultimately the government
ought to pay the same from the public fund. Therefore,
this Court accepts the difficulty expressed by the
government.
10. Further it is seen that the government had
filed the writ appeal with delay of 1345 days i.e. four
years delay. However, the contempt petition is filed
with delay of 1825 days i.e. five years delay. This Court
is of the considered opinion that when the writ appeal
filed by the government was dismissed due to huge
delay, then it would be appropriate to dismiss the
contempt for the same reason of delay. It is pertinent to
state that the Hon’ble Division Bench had held that it
is because of the contempt the respondents had filed
the writ appeal, but the aforesaid fact seems otherwise.
11. Furthermore, the order passed in the writ
petition is on 09.01.2019. The government had
submitted the proposal based on the orders of the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
Court and finally the Accountant General had
disbursed the pension vide order dated 09.07.2019 to
M.Ligi Retina Bai and on 09.12.2019 to D.Paul Daniel.
When the government had paid the pension, thereby the
government had substantially complied with the order
passed by this Court. Hence there is no willful
disobedience by the respondents/contemnors, but for
the genuine difficulties expressed by the contemnors as
stated supra.
12. Therefore, this Court is of the considered
opinion that the orders passed by the Court are
substantially complied with, hence there is no willful
disobedience as alleged by the petitioners. Hence, the
contempt petitions are closed. No costs. Consequently,
connected sub applications are closed.
13. It is pertinent to record that in Kanyakumari
District, for regularization the individuals are
preferring police complaints and the officials are
facing FIR. There are some complaints before District
Collector and some threaten to commit suicide before
District Collector since regularization was not
granted. Infact this has become a modus operandi for
regularization. Further, as far as regularization is
concerned, the Government alone is empowered to
grant regularization and filing complaints before
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
police and registering FIR against officials cannot be
permitted and such practice ought to be deprecated. At
one point of time such modus operandi ought to be
curtailed. Further the government has power to
regularize by granting consolidated pay for some
period, thereafter bring the individual for time scale of
pay. Furthermore, the government is handling the
public money and the government is having full data of
its income and expenditure, hence the government is
having full power to fix the pay. With this observation,
this Court is closing the contempt petitions.”
7. After the closure of the said Contempt Petitions on 20.02.2025, the
Petitioner filed the present Sub Applications before this Court on
19.06.2025 to reopen the Contempt Proceedings.
8. After perusing the judgment and order dated 09.01.2019 passed by
the Writ Court in W.P.(MD)Nos.1636 and 1637 of 2016, the judgment and
order dated 20.11.2024 passed by the Appellate Court in CMP(MD)No.
14066 of 2024 in W.A.(MD)SR.No. 73507 of 2024 and CMP(MD)No.
14084 of 2024 in W.A.(MD)SR.No.73231 of 2024, the judgment and order
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
dated 14.02.2025 passed by the Hon'ble Apex Court in Special Leave to
Appeal(C)No(s).4262 of 2025, and the detailed judgment and order dated
20.02.2025 passed by the co-ordinate Bench of this Court in Contempt
Petitions(MD)Nos.1633 and 1696 of 2024, this Court is of the view that
the co-ordinate Bench of this Court, while deciding the Contempt
Petitions, considered all aspects of the matter and closed the contempt
proceedings with the observation that the orders passed by the Court were
substantially complied with, and therefore, there was no willful
disobedience as alleged by the Petitioners.
9. The present Sub-Applications, filed over three months after the
order dated 20.02.2025, lack merit. The co-ordinate Bench of this Court
has already dealt with the Contempt Petitions in detail and passed a
comprehensive order on 20.02.2025, closing the contempt petitions with
specific findings in paragraphs 11, 12, and 13. Since the issues have
already been decided, reopening the contempt petition is unjustified.
Therefore, the present Sub-Applications are an abuse of the process of law
and are liable to be dismissed, as they would result in wasting the valuable
time of this Court.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
10. Accordingly, the Sub Applications are dismissed. The files shall
be consigned to the record. There shall be no order as to costs.
02.07.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
To:
1.The Accountant General,
Office of the Accountant General,
Chennai, Tamil Nadu,
261, Annasalai, Chennai – 600 018.
2.The Secretary,
The State of Tamil Nadu,
Department of School Education,
Fort St.George, Chennai – 600 009.
3.The Director of School Education,
College Road, Chennai – 600 006.
4.The Chief Educational Officer,
Kanyakumari District at Nagercoil,
Kanyakumari District – 629 001.
5.The District Educational Officer,
Kuzhithurai,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
Sub Application (MD)Nos.255 and 256 of 2025
SHAMIM AHMED, J.
Nsr
Sub Application (MD)Nos.255 and 256 of 2025
02.07.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 02:43:04 pm )
