Madras High Court
St.Joseph'S Higher Secondary School vs S.Marimuthu on 4 March, 2025
CONT.P(MD)No.168 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD) No.168 of 2025
St.Joseph's Higher Secondary School,
rep by its Correspondent,
Sekkakudi,
Thiruvengampatti via.,
Sivagangai District. ... Petitioner
vs.
S.Marimuthu
The District Educational Officer,
(Secondary Education),
Sivagangai,
Sivagangai District
Earlier, The District Educational Officer,
Devakottai,
Sivagangai District. ... Respondent
PRAYER: Contempt Petition filed under Section 11 of the Contempt of
Court to punish the respondent herein for her deliberate and wilful
disobedience of the order of this Court dated 02.03.2021 in Writ Petition
(MD)No.3438 of 2021 under Section 11 of the Contempt of Courts Act,
1971.
1/7
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CONT.P(MD)No.168 of 2025
For Petitioner :Ms.A.Amala
For Respondent :Mr.F.Deepak
Special Government Pleader
ORDER
This Contempt Petition has been filed to punish the
contemnor/respondent for his deliberate and wilful disobedience of the
order passed by this Court in W.P.(MD) No.3438 of 2021, dated
02.03.2021
2. Heard Ms.A.Amala, learned counsel for the petitioner and
Mr.F.Deepak, learned Special Government Pleader for the respondent.
3. The petitioner has filed a writ petition bearing W.P.(MD) No.
3438 of 2021 seeking for a Writ of Certiorarified Mandamus to quash the
order passed by the third respondent in A.Thi.Mu.No.5131/Aa1/2020,
dated 30.12.2020, by which the petitioner was denied to receive the
annul increment with all attended benefits for the post of B.T.Assistant
(Tamil).
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4. This Court in W.P.(MD) No.3438 of 2021, vide judgment and
order dated 02.03.2021, has passed the following directions:-
“6.In the light of the above observations, the impugned
return endorsement, A.Thi.Mu.No.5131/Aa1/2020, dated
30.12.2020, is hereby quashed. Consequently, the petitioner is
directed to represent the proposal to the third respondent, seeking
for annual increment with all attended benefits to the said
Mrs.I.Arul Isabella Rani, BT Assistant (Tamil) and on receipt of the
same, the third respondent shall sanction the annual increments
with effect from 01.04.2013. Such an exercise shall be completed
by the third respondent, within a period of twelve weeks from the
date of receipt of a copy of this order.”
5. But, the petitioner was not paid any amount from the respondent
so far. In the meantime, the respondent being aggrieved by the judgment
and order, dated 02.03.2021, has preferred an appeal in W.A.(MD) No.
988 of 2022 before the Division Bench of this Court and vide order dated
27.11.2024, the Division Bench of this Court had dismissed the said
appeal. Thereafter, the respondent has not made compliance of the
judgment and order passed by this Court in W.P.(MD) No.3438 of 2021
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dated 02.03.2021 and in W.A.(MD) No.988 of 2022, dated 27.11.2024.
Being aggrieved by the action of the respondent, the present Contempt
Petition has been filed.
6. Today, when the matter is taken up, Mr.F.Deepak, learned
Special Government Pleader for the respondent submits that in
compliance of the judgment and order passed in W.P.(MD) No.3438 of
2021, dated 02.03.2021 and in W.A.(MD) No.988 of 2022, dated
27.11.2024, the respondent has passed an order dated 21.02.2025, in
which it has been stated that the judgment and order dated 02.03.2021
and 27.11.2024 has been complied with. A copy of the order dated
21.02.2025 has been produced before this Court, which is on record and
a copy of the same has also been given to the petitioner. Thus, he submits
that the respondent may be discharged from the contempt proceedings, as
the judgment and order of this Court in W.P.(MD) No.3438 of 2021,
dated 02.03.2021 and in W.A.(MD) No.988 of 2022, dated 27.11.2024
has been fully complied with by the respondent, vide order dated
21.02.2025.
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7. Ms.A.Amala, learned Counsel for the petitioner also submits
that the respondent may be discharged from the contempt proceedings, as
the judgment and order of this Court dated 02.03.2021 and 27.11.2024
has been complied with by the respondent, vide order dated 21.02.2025
and the present Contempt Petition may also be disposed of at this stage,
with liberty to the petitioner to challenge the order of the respondent
dated 21.02.2025 before the competent Court of law.
8. Accordingly, in view of the submissions made by the learned
counsel for the parties and after perusal of the order passed by the
respondent, dated 21.02.2025, this Court prima facie satisfied that the
direction issued by this Court in W.P.(MD) No.3438 of 2021, dated
02.03.2021 and in W.A.(MD) No.988 of 2022 dated 27.11.2024, has been
fully complied with by the respondent and no useful purpose will be
served in continuing the present contempt proceedings against the
respondent.
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9. Accordingly, the Contempt Petition is finally disposed of with
liberty to the petitioner to challenge the order of the respondent dated
21.02.2025, if he is aggrieved by the same, before the competent Court of
law and the respondent is discharged from the present contempt
proceedings. No costs. The file is consigned to record.
Index :Yes / No 04.03.2025
Internet :Yes / No
NCC :Yes / No
To
The District Educational Officer,
(Secondary Education),
Sivagangai,
Sivagangai District
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SHAMIM AHMED, J.
mm
04.03.2025
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