Madras High Court
Sr.A.Paulia Savariammal vs Mr.Balathandayuthabani on 25 June, 2025
CONT.P(MD)No.1076 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.06.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD) No.1076 of 2025
in
W.P.(MD) No.7583 of 2021
Sr.A.Paulia Savariammal,
St.Aloysius Girls Higher Secondary School,
Velliavilai,
Palappallam Post,
Kanyakumari 629 159. ... Petitioner
vs.
1.Mr.Balathandayuthabani,
The Chief Educational Officer,
The Office of the Chief Educational Officer,
Nagercoil,
Kanyakumari District.
2.Mr.Sherlin Vimal,
The District Educational Officer,
The Office of the District Educational Officer,
Kuzhithurai,
Kanyakumari District.
Now at
The District Educational Officer (Secondary),
The Office of the District Educational Officer (Secondary),
Marthandam,
Kanyakumari District. ... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the contemnors/respondents for wilful disobedience to the orders of
this Court dated 02.09.2022 made in W.P.(MD) No.7583 of 2021.
1/10
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CONT.P(MD)No.1076 of 2025
For Petitioner :Mr.FR.S.Savarimuthu for
M/S.Father Xavier Associates
For Respondents :Mr.D.Sadiq Raja
Additional Government Pleader
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 W.P.(MD) No.7583 of 2021, dated 02.09.2022.
2.Heard Mr.FR.S.Savarimuthu for M/S.Father Xavier Associates
appearing for the petitioner and Mr.D.Sadiq Raja, learned Additional
Government Pleader, for the Respondents.
3.The Co-ordinate Bench of this Court in a bunch of writ petitions, in
which, the main writ petition number is W.P.(MD) No.7051 of 2020, vide order
dated 02.09.2022, had passed the following order in W.P.(MD) No.7583 of
2021:-
“Accordingly, the impugned order dated 05.02.2021, on the file
of the fourth respondent is quashed. Consequently, there shall be a
direction to the concerned Educational Authorities to forthwith pass
orders, approving the appointment of the petitioner to the post of
B.T.Assistant (English), in the fifth respondent school with effect from
01.06.2019 together with all service and monetary benefits within a
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period of four (4) weeks, from the date of receipt of a copy of this
order.”
4.Thereafter, this Court, vide order dated 11.06.20025, in the present
contempt petition had passed the following directions:-
“Heard Mr.FR.S.Savarimuthu, learned counsel, for M/s.Father
Xavier 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.
2. The Contempt Petition has been filed for non
compliance of the judgment and order passed by the Writ Court in
W.P.(MD)No.7583 of 2021 dated 02.09.2022 and the learned Single
Judge of this Court vide judgment and order dated 02.09.2022
allowed the said Writ Petition. For better appreciation, the relevant
portion of the order is reproduced below:
“Accordingly, the impugned order dated 05.02.2021, on
the file of the fourth respondent is quashed. Consequently,
there shall be a direction to the concerned Educational Authorities to
forthwith pass orders, approving the appointment of the petitioner to
the post of B.T.Assistant (English), in the fifth respondent school with
effect from 01.06.2019, 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.”
3. The learned counsel for the Petitioner further submits
that despite the judgment and order passed by the Writ Court dated
02.09.2022 in W.P.(MD)No.7583 of 2021, the Respondents have not
complied with the directions of this Court and they have wilfully and
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deliberately flouting the orders passed by the Writ Court. Thus, the
learned counsel submits that the Respondents are in contempt and
they 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 the
Writ Court dated 02.09.2022 in W.P.(MD)No.7583 of 2021 as well as
the affidavit filed in support of the contempt petition, which states that
the Respondents have not complied with the orders of the Writ 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
Respondents for their alleged non-compliance with the said orders.
5. Mr.D.Sadiq Raja, learned Additional Government
Pleader for the Respondent, request time to ensure compliance with
the judgment and order of the Writ Court dated 02.09.2022 in W.P.
(MD)No.7583 of 2021. He also assure this Court that whatever order
is passed by this Court will be fully complied with and requests ten
days time to ensure compliance with the said order.
6. In view of the assurance given by Mr.D.Sadiq Raja,
learned Additional Government Pleader for the Respondents, this
Court grants the Respondents a final opportunity to comply with the
judgment and order of this Court dated 02.09.2022 in W.P.(MD)No.
7583 of 2021, without fail, within 10 days from today. The
Respondents are directed to communicate the decision taken by them
to the Petitioner and to file an affidavit of compliance in this regard
within a period of 10 days from today. 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 justify why the
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Writ Court's order has not been complied with.
7. Put up this case on 25.06.2025 “For Orders” before
this Court.
8. Let a copy of this order is given to Mr.D.Sadiq Raja,
learned Additional Government Pleader for its necessary compliance
and information to the Respondents.”
5.The learned counsel for the Petitioner submits that despite the
judgment and order passed by this Court in W.P.(MD) No.7583 of 2021, dated
02.09.2022 and in Cont.P.(MD) No.1076 of 2025, dated 11.06.2025, the
respondents have not complied with the directions of this Court and have
wilfully and deliberately flouted the order passed by this Court, dated
02.09.2022 and are in contempt of the judgment and order of this Court.
Thus, they should be summoned and punished by exercising the powers
under Sections 11 and 12 of the Contempt of Courts Act, 1971.
6.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned
Additional Government Pleader for the respondents, submits that challenging
the judgment and order, dated 02.09.2022, the respondents have preferred
an appeal in W.A.(MD) SR.No.33714 of 2025, before this Court along with a
condone delay application in C.M.P.(MD) No.6702 of 2025, which is pending
before this Court. He further submits that the appeal is not yet numbered and
there is no interim order in the appeal.
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7.Therefore, in compliance of the order passed by the Writ Court, dated
02.09.2022 in W.P.(MD) No.7583 of 2021 as well as this Court in Cont.P.(MD)
No.1076 of 2025, dated 11.06.2025, he has filed an affidavit of compliance,
dated 25.06.2025, annexing a copy of the decision taken by the Chief
Educational Officer, Kanyakumari, dated 19.06.2025, in which it has been
stated that the judgment and order passed by this Court in W.P.(MD) No.7583
of 2021, dated 02.09.2022 has been fully complied with. The compliance
affidavit filed by the respondents is taken on record and a copy of the same
has also been given to the learned counsel for the petitioner.
8.The learned Additional Government Pleader further submits that the
respondents have granted approval to the appointment of the petitioner for
the post of B.T.Assistant (English) with effect from 03.06.2019 and 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, however, subject to the outcome of W.A.(MD) S.R.No.
33714 of 2025. Thus, he submits that the respondents may be discharged
from the present contempt proceedings, as the judgment and order of this
Court dated 02.09.2022 has been fully complied with, vide order dated
19.06.2025.
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9.Mr.Mr.FR.S.Savarimuthu for M/S.Father Xavier Associates appearing
for the petitioner submits that he has received a copy of the compliance
affidavit of the respondents, dated 25.06.2025 along with a copy of the
decision taken by the Chief Educational Officer, Kanyakumari, dated
19.06.2025 and submits that the respondents have made full compliance of
the judgment and order passed by this Court in W.P.(MD) No.7583 of 2021,
dated 02.09.2022.
10.He further submits that the petitioner's appointment for the post of
B.T.Assistant (English) was approved by the respondents with effect from
03.06.2019, however, subject to the outcome of W.A.(MD) SR.No.33714 of
2025. 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 02.09.2022 has been fully complied
with, vide order dated 19.06.2025 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.
11.Accordingly, in view of the submissions made by the learned
counsel for the parties, after perusal of the judgment and order passed in
W.P.(MD) No.7583 of 2021, dated 02.09.2022 and in Cont.P.(MD) No.1076 of
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2025, dated 11.06.2025 and after perusal of the order passed by the Chief
Educational Officer, Kanyakumari, dated 19.06.2025, this Court satisfied that
the direction issued by this Court in W.P.(MD) No.7583 of 2021, dated
02.09.2022 has been fully complied with by the respondents and there is no
justification in continuing the present contempt proceedings against the
respondents.
12.Accordingly, the Contempt Petition is finally disposed of and the
respondents are discharged from the present contempt proceedings at this
stage. It is made clear that as per the assurance given by Mr.D.Sadiq Raja,
learned Additional Government Pleader, 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 25.06.2025
Internet :Yes / No
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To
1.The Chief Educational Officer,
The Office of the Chief Educational Officer,
Nagercoil, Kanyakumari District.
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2.The District Educational Officer,
The Office of the District Educational Officer,
Kuzhithurai,
Kanyakumari District.
Now at
The District Educational Officer (Secondary),
The Office of the District Educational Officer (Secondary),
Marthandam,
Kanyakumari District.
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SHAMIM AHMED, J.
mm
25.06.2025
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