Madras High Court
P.Paulvannan vs Mr.Boobathi on 13 March, 2025
Contempt Petition (MD)No.2829 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition (MD)No.2829 of 2024
In
W.P.(MD)No.1792 of 2020
P.Paulvannan,
3F/1K/1B, Sundarvelpuram,
9th Street,
Tuticorin District. Petitioner/Petitioner
Vs
Mr.Boobathi,
The Joint Director (NSS),
Chennai – 6. Contemnor/Respondent
PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts
Act, 1971, to punish the Contemnor/Respondent for willfully disobeying and not
complying with the order passed by this Court in W.P(MD)No.1792 of 2020,
dated 19.12.2022.
For Petitioner : Mr.V.Panneer Selvam
For Respondent : Mr.F.Deepak
Special Government Pleader
1/7
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Contempt Petition (MD)No.2829 of 2024
ORDER
This is a petition seeking initiation of contempt proceedings against the
Respondent for violation of the order, dated 19.12.2022 passed by this Court in
W.P.(MD)No.1792 of 2020.
2. Heard Mr.V.Panneer Selvam, learned counsel appearing for the
Petitioner and Mr.F.Deepak, learned Special Government Pleader for the
Respondent.
3. When the matter was taken up on 27.02.2025, this Court passed the
following order:
“Heard Mr.V.Panneer Selvam, learned counsel for the
petitioner and Mr.F.Deepak, learned Special Government Pleader
for the respondent/contemnor.
2. This Court, vide order dated 19.12.2022, had allowed the
writ petition filed by the petitioner bearing W.P.(MD) No.1792 of
2020 with the following directions:-
“7. In the above decision, the Government Letter No.
45113/Pay Cell/2009-1 dated 17.08.2009, makes it
very clear that "in cases where the junior happen to
draw more pay than the senior due to sanction of
advance increments for passing Departmental Tests /
acquiring higher qualification at a later date whether
the pay anomaly can be sorted by the pay fixing
authorities themselves by stepping up to the pay
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Contempt Petition (MD)No.2829 of 2024
equivalent to the junior on the date where the junior
drawn higher pay. Similarly, if a senior drawn such
advance increments in the pre-revised scale on or
before 31.12.2005 and happen to draw less pay in
the revised scale compared to the junior who happen
to draw such advance increment on or after
01.01.2006 can also be rectified by the pay fixing
authorities. This presumption may please be
confirmed."
8. However, in the present case, the said
Government Letter, dated 17.08.2009 was not
properly considered. Hence, on that sole ground, the
present impugned order, dated 21.05.2018 is set
aside and the matter is remanded back to the first
respondent for fresh consideration in terms of the
order passed by this Court in W.P.(MD)No.16062 of
2018 dated 03.02.2022 and Government Letter No.
45113/Pay Cell/2009-1, dated 17.08.2009. The said
exercise shall be completed within a period of twelve
weeks from the date of receipt of a copy of this order.
9.Accordingly, this Writ Petition is allowed. No costs.
Consequently, connected Miscellaneous Petition is
closed.”
3. The learned counsel for the petitioner submits that the
order passed in W.P.(MD) No.1792 of 2020, dated 19.12.2022
has not been complied with by the respondent and this fact has
been clearly stated in the paragraph No.7 of the affidavit filed in
support of this Contempt Petition. Thus, the
respondent/contemnor has wilfully and deliberately flouted the
order passed by this Court and is in contempt of the order of this
Court dated 19.12.2022. Thus, he should be summoned and
punished by exercising the powers under Sections 11 and 12 of
the Contempt of Courts Act, 1971.
4. Mr.F.Deepak, learned Special Government Pleader, who
took notice for the respondent, prays two weeks time to make
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Contempt Petition (MD)No.2829 of 2024
compliance of the order passed in W.P.(MD) No.1792 of 2020,
dated 19.12.2022.
5. Accordingly, after considering the request made by the
learned Special Government Pleader for the
respondent/contemnor, as a last chance, one more opportunity
is given to the respondent/contemnor to make compliance of the
directions issued by this Court in W.P.(MD) No.1792 of 2020
dated 19.12.2022 on or before the next date fixed, failing which
the respondent is directed to appear before this Court in person
and explain as to why the aforesaid order has not been complied
with.
6. Put up this case 'for orders' on 13.03.2025 before the
appropriate Bench. Let a copy of this order be issued to
Mr.F.Deepak, learned Special Government Pleader for the
respondent for its necessary compliance and information.”
4. Today, when the matter was taken up for hearing, Mr.F.Deepak,
learned Special Government Pleader for the Respondent, produced an order
dated 11.03.2025, passed by the Director of School Education and submits that
the Respondent has fully complied with the Court's order dated 19.12.2022 in
W.P.(MD)No.1792 of 2020. A copy of the said order has been taken on record
and furnished to the learned counsel for the Petitioner. Therefore, he prays that
the Respondent be discharged from the contempt proceedings.
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Contempt Petition (MD)No.2829 of 2024
5. Mr.V.Panneer Selvam, the learned counsel for the Petitioner submits
that he has received the copy of the order dated 11.03.2025 and submits that
the direction issued by this Court vide judgment and order dated 19.12.2022 in
W.P.(MD)No.1792 of 2020 has been fully complied with and nothing remains to
be decided by the Respondent. He further states that he has no objection to the
Respondent being discharged from the contempt proceedings.
6. Considering the submissions made by the learned counsel for the
Petitioner and the learned Special Government Pleader for the Respondent,
and upon perusal of the order passed by the Director of School Education
dated 11.03.2025, this Court is satisfied that the Respondent has fully complied
with the judgment and order of this Court dated 19.12.2022 passed in
W.P.(MD)No.1792 of 2020. In view of the same, this Court deems it appropriate
that no useful purpose would be served by keeping the contempt proceedings
pending. Therefore, the Respondent is discharged from the contempt
proceedings.
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Contempt Petition (MD)No.2829 of 2024
7. In view of the above, the Contempt Petition is disposed of. The file
shall be consigned to record. There shall be no order as to costs.
13.03.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
To:
The Joint Director (NSS),
Chennai – 6.
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Contempt Petition (MD)No.2829 of 2024
SHAMIM AHMED, J.
Nsr
Contempt Petition (MD)No.2829 of 2024
13.03.2025
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