Madras High Court
S.Juliya vs Rama on 19 June, 2025
CONT.P(MD)No.654 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.06.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD) No.654 of 2024
in
W.P.(MD) No.1296 of 2017
S.Juliya ... Petitioner
vs.
1.Rama
District Elementary Educational Officer,
Now District Educational Officer (Elementary),
Tuticorin District.
2.Jayavathi Rathinavathi,
Assistant Elementary Educational Officer,
Now Block Educational Officer,
Udangudi,
Tuticorin District. ... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the respondents for their wilful deliberate disobedience of the order
passed by this Court in Rev.App.(MD) No.35 of 2017 dated 27.06.2017 in
W.P.(MD) No.1296 of 2017, dated 23.02.2017.
For Petitioner :Mr.V.Panneer Selvam
For Respondents :Mr.D.Sadiq Raja
Additional Government Pleader
1/9
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 01:32:01 pm )
CONT.P(MD)No.654 of 2024
ORDER
This Contempt Petition has been filed with the prayer that the
respondents/contemnors have not complied with the judgment and order
passed by this Court in Rev.App.(MD) No.35 of 2017, dated 27.06.2017 and
in W.P.(MD) No.1296 of 2017, dated 23.02.2017.
2.Heard Mr.V.Panneer Selvam, learned counsel for the petitioner and
Mr.D.Sadiq Raja, learned Additional Government Pleader for the
respondents.
3.The Co-ordinate Bench of this Court in Rev.App.(MD) No.35 of 2017
in W.P.(MD) No.1296 of 2017, vide order dated 27.06.2017, had passed the
following order:-
“6.In the light of the above judgment, the order dated 23.02.2017
passed by this Court in W.P.(MD) No.1296 of 2017 is reviewed and
recalled and W.P.(MD) No.1296 of 2017 is allowed. A direction is
issued to the 1st respondent to consider the proposal sent by the 3rd
respondent school, seeking to approve the appointment of petitioner as
Secondary Grade Teacher in the 3rd respondent school with effect from
13.04.2016 in the light of the above said Division Bench Judgment in
W.A(MD)Nos.639 of 2015 etc., dated 17.06.2015 and to pass order of
approval, within a period of four weeks from the date of receipt of a
copy of this order. No costs.”
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 01:32:01 pm )
4.Further, this Court, vide order dated 23.04.2025, in Cont.P.(MD) No.
654 of 2024, had passed the following order:-
“Heard Mr.V.Panneer Selvam, 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.
2.Mr.V.Panneer Selvam, learned counsel for the petitioner,
submits that the petitioner has filed the present contempt petition for
non compliance of the judgment and order passed by the Writ Court
in Review Application (MD)No.35 of 2017 in W.P.(MD) No. 1296 of
2017 and the learned Single Judge of this Court vide order dated
27.06.2017 was pleased to make the following observations:
“6.In the light of the above judgment, the order dated
23.02.2017 passed by this Court in W.P.(MD) No.1296 of 2017 is
reviewed and recalled and W.P.(MD) No.1296 of 2017 is allowed. A
direction is issued to the 1st respondent to consider the proposal
sent by the 3rd respondent school, seeking to approve the
appointment of petitioner as Secondary Grade Teacher in the 3rd
respondent school with effect from 13.04.2016 in the light of the
above said Division Bench Judgment in W.A(MD)Nos.639 of 2015
etc., dated 17.06.2015 and to pass order of approval, within a
period of four weeks from the date of receipt of a copy of this order.
No costs.”
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 01:32:01 pm )
3.The learned counsel for the Petitioner further submits that
despite the judgment and order passed by this Court dated
27.06.2017 in Review Application (MD)No.35 of 2017 in W.P.(MD)
No. 1296 of 2017, the Respondents have not complied with the
directions of this Court and they have wilfully and deliberately
flouting the orders passed by 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.
4. Upon perusing the judgment and order passed by this
Court dated 27.06.2017 in Review Application (MD)No.35 of 2017 in
W.P.(MD) No. 1296 of 2017 as well as the affidavit filed in support
of the contempt petition, which states that the respondents have not
complied with the orders of this Court, this Court is of the view that
the respondents appear to have wilfully and deliberately disobeyed
the order of this Court. Consequently, this Court deems it necessary
to initiate proceedings against the respondent for his alleged non-
compliance with the said orders.
5. At this juncture, Mr.F.Deepak, learned Special
Government Pleader for the Respondents, request time to ensure
compliance with the Court's judgments dated 27.06.2017 in Review
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 01:32:01 pm )
Application (MD)No.35 of 2017 in W.P.(MD) No. 1296 of 2017. He
also assure this Court that whatever order is passed by this Court
will be fully complied with and requests three weeks time to ensure
compliance with the said order.
6. In view of the assurance given by Mr.F.Deepak, learned
Special Government Pleader, this Court grants the Respondents a
final opportunity to comply with the judgment and order of this Court
dated 27.06.2017 in Review Application (MD)No.35 of 2017 in W.P.
(MD) No. 1296 of 2017, without fail, within three weeks from today.
The Respondents are directed to communicate the decision taken
by them to the Petitioner through RPAD and to file an affidavit of
compliance in this regard before this Court on or before the next
date fixed. Failure to comply with the said order within the stipulated
time frame will necessitate the Respondent's personal appearance
before this Court on the next fixed date.
7. Put up this case on 05.06.2025 “For Orders” before the
appropriate bench.
8. Let a copy of this order is given to Mr.F.Deepak, learned
Special Government Pleader for its necessary compliance and
information to the Respondents. ”
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 01:32:01 pm )
5.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned
Additional Government Pleader for the respondents, has produced a copy of
the order passed by the first respondent dated 04.06.2025, in which it has
been stated that the judgment and order passed by this Court in Rev.App.
(MD) No.35 of 2017, dated 27.06.2017 and in W.P.(MD) No.1296 of 2017,
dated 23.02.2017 has been fully complied with. A copy of the order dated
04.06.2025 has been produced before this Court, which is taken on record
and a copy of the same has also been given to the learned counsel for the
petitioner.
6.The learned Additional Government Pleader further submits that the
respondents have already granted approval to the appointment of the
petitioner for the post of Secondary Grade Teacher in the third respondent
school with effect from 13.04.2016. He further assures this Court that all
services and monetary benefits payable by the respondents will be paid in
accordance with law in the account of the petitioner within six weeks from
today. Thus, he submits that the respondents may be discharged from the
present contempt proceedings, as the judgment and order of this Court dated
27.06.2017 and 23.02.2017 has been fully complied with by the first
respondent, vide order dated 04.06.2025.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 01:32:01 pm )
7.Mr.V.Panneer Selvam, learned counsel for the petitioner, submits
that he has received a copy of the order passed by the first respondent, dated
04.06.2025 and submits that the respondents have made full compliance of
the judgment and order passed by this Court in Rev.App.(MD) No.35 of 2017,
dated 27.06.2017 and in W.P.(MD) No.1296 of 2017, dated 23.02.2017.
8.He further submits that the petitioner's appointment for the post of
Secondary Grade Teacher was approved by the respondents with effect from
13.04.2016. Thus, he submits that he has no objection, if the respondents are
discharged from the present contempt proceedings at this stage, as the
judgment and order of this Court dated 27.06.2017 and 23.02.2017 has been
fully complied with by the first respondent, vide order dated 04.06.2025 and
the present Contempt Petition may also be disposed of. It was further
submitted that a positive direction may be given to the respondents to grant
all services and monetary benefits payable to the petitioner within the time
frame fixed by this Court.
9.Accordingly, in view of the submissions made by the learned counsel
for the parties, after perusal of the judgment and order passed in Rev.App.
(MD) No.35 of 2017, dated 27.06.2017 and in W.P.(MD) No.1296 of 2017,
dated 23.02.2017 and after perusal of the order passed by the first
respondent, dated 04.06.2025, this Court satisfied that the direction issued by
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 01:32:01 pm )
this Court in Rev.App.(MD) No.35 of 2017, dated 27.06.2017 and in W.P.(MD)
No.1296 of 2017, dated 23.02.2017 has been fully complied with by the
respondents and there is no justification in continuing the present contempt
proceedings against the respondents.
10.Accordingly, the Contempt Petition is finally disposed of at this
stage and the respondents are discharged from the present contempt
proceedings. It is made clear that the respondents shall credit all services and
monetary benefits in the account of the petitioner in accordance with law
within a period of six weeks from today without any further delay. The file is
consigned to record. No costs.
Index :Yes / No 19.06.2025
Internet :Yes / No
mm
To
1.District Elementary Educational Officer,
Now District Educational Officer (Elementary),
Tuticorin District.
2.Assistant Elementary Educational Officer,
Now Block Educational Officer,
Udangudi,
Tuticorin District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 01:32:01 pm )
SHAMIM AHMED, J.
mm
19.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/06/2025 01:32:01 pm )
