Citation : 2025 Latest Caselaw 3629 Mad
Judgement Date : 6 March, 2025
CONT.P(MD)No.2629 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONTEMPT PETITION(MD)No.2629 of 2023
P.Muthulakshmi ... Petitioner
vs.
Kuruvammal,
Superintending Engineer,
Tamil Nadu Generation and Distribution
Corporation Limited, Thoothukudi. ... Respondent
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the contemnors for her wilful disobedience in not complying the
order of this Court in W.P.(MD)No.9675 of 2021 on 19.04.2022.
For Petitioner :Mr.H.Elango
For Respondent :Mr.S.Arivalagan
*****
ORDER
Heard Mr.H.Elango, learned Counsel for the petitioner and
Mr.S.Arivalagan, learned standing Counsel for the respondent.
2.This is a petition seeking initiation of contempt proceedings against
the respondent for violation of the order, dated 19.04.2022 passed by this
Court in W.P.(MD)No.9675 of 2021.
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3.The petitioner was denied the compassionate appointment by the
respondent by the impugned proceedings, dated 31.03.2021. Being
aggrieved by the action of the respondent, the petitioner preferred a Writ
Petition bearing W.P.(MD)No.9675 of 2021 and this Court vide judgment and
order, dated 19.04.2022 finally allowed the Writ Petition with the direction to
the respondent herein to consider the case of the petitioner strictly in
accordance with the terms and conditions of the scheme of compassionate
appointment and by following the procedure as contemplated.
4.The learned Counsel for the petitioner further submits that despite
the judgment and order passed by the this Court, in W.P.(MD)No.9675 of
2021, dated 19.04.2022, the respondent had not complied with the directions
of this Court and had wilfully and deliberately flouting the order passed by this
Court. Aggrieved over the same, the present Contempt Petition has been
filed.
5.Mr.S.Arivalagan, learned Counsel for the respondent appearing at
the admission stage submits that the judgment and order passed by this
Court, dated 19.04.2022 has already been complied with by the respondent
and in this regard, an order, dated 03.08.2024 was issued and the petitioner
was given compassionate appointment in the post of Field Assistant
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(Trainee). This fact has been stated in paragraph No.3 of the order, dated
03.08.2024. The copy of the order is produced before this Court, which is
taken on record. The copy of the order, dated 03.08.2024, was also served
on the learned Counsel for the petitioner. Thus, the learned Counsel for the
respondent submits that as the order passed by this Court has been fully
complied with, the respondent may be discharged from the present contempt
proceedings.
6.The learned Counsel for the petitioner submits that the petitioner was
already given the compassionate appointment in the post of Field Assistant
(Trainee), by the respondent, by order, dated 03.08.2024. Thus, he also
submits that the order passed by this Court has been fully complied with and
prays before this Court that the respondent may be discharged from the
present contempt proceedings and the Contempt Petition may be disposed of
accordingly.
7.Considering the submissions made by the learned Counsels for the
parties and after perusal of the order, dated 03.08.2024, especially, in
paragraph No.3, wherein, it has been clearly stated that the petitioner has
been appointed in the post of Field Assistant (Trainee) in compliance of the
judgment and order passed by this Court, dated 19.04.2022. this Court is
satisfied that the respondent had fully complied with the judgment and order
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of this Court W.P.(MD)No.9675 of 2021, dated 19.04.2022. Thus, no useful
purpose will be served in continuing the present contempt proceedings
further. Accordingly, the respondent is discharged from the present contempt
proceedings and the present Contempt Petition is disposed of. The file is
consigned to record. No costs.
Index :Yes / No 06.03.2025
Internet :Yes / No
NCC :Yes / No
cmr
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 01:01:15 pm )
SHAMIM AHMED, J.
cmr
06.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 01:01:15 pm )
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