Madras High Court
The Correspondent vs Thiru.Dr.A.Pugalendhi on 17 March, 2025
Contempt Petition (MD)No.1352 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition (MD)No.1352 of 2023
In
W.P.(MD)No.18789 of 2022
The Correspondent,
Arunachalam Higher Secondary School,
Thiruvattar – 629 177,
Kanniyakumari District. Petitioner/Petitioner
Vs
1.Thiru.Dr.A.Pugalendhi,
The Chief Educational Officer,
Nagercoil,
Kanniyakumari District.
2.Thiru.S.K.Ravichandran,
The District Educational Officer,
Marthandam,
Kanniyakumari District
Early,
The District Educational Officer,
Thuckalay, Kanniyakumari District. Contemnors/Respondents
PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts
Act, 1971, to punish the Contemnors/Respondents for willfully disobeying and
not complying with the order passed by this Court in W.P(MD)No.18789 of
2022, dated 02.09.2022.
1/8
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Contempt Petition (MD)No.1352 of 2023
For Petitioner : Ms.A.Amala
For Respondents : Mr.F.Deepak
Special Government Pleader
ORDER
This is a petition seeking initiation of contempt proceedings against the
Respondents for violation of the order, dated 02.09.2022 passed by this Court
in W.P.(MD)No.18789 of 2022.
2. Heard Ms.A.Amala, learned counsel for the Petitioner and
Mr.F.Deepak, learned Special Government Pleader for the Respondents.
3. Ms.A.Amala, learned counsel for the Petitioner submits that the Private
Aided Minority and Non-Minority Schools have appointed various teaching staff
members in their Institutions. However, the proposals sent by the School
Management to the concerned Educational Authority seeking approval for the
appointment of these teachers have been rejected. The petitioner is one of the
teachers whose appointment as a B.T. Assistant (Maths) was not approved.
Aggrieved by this, the Petitioner, along with other similarly aggrieved teachers,
have filed a bunch of writ petitions in W.P.(MD) Nos.6340 of 2018, etc., batch,
and the Petitioner's writ petition is W.P.(MD) No.18789 of 2022. The learned
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Contempt Petition (MD)No.1352 of 2023
Single Judge of this Court vide common judgment and order dated 02.09.2022
allowed the said Writ Petitions. For better appreciation, the relevant portion of
the order is reproduced below:
“W.P.(MD)No.18789 of 2022:
Accordingly, the impugned order dated
02.12.2021, on the file of the third respondent is
quashed. Consequently, there shall be a direction to
the concerned Educational Authorities to forthwith
pass orders, approving the appointment of J.Saranya
to the post of B.T.Assistant (Maths) in the petitioner
school with effect from 21.07.2017, 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.
8. The writ petitions are allowed accordingly. No
costs. Consequently, connected miscellaneous
petitions are closed.”
4. The learned counsel for the Petitioner submits that, in compliance with
this Court's order, the Petitioner has submitted several representations,
accompanied by a copy of the judgment and order dated 02.09.2022 passed by
this Court in W.P.(MD)No.18789 of 2022, to the Respondents. A copy of the
acknowledgement receipts are also annexed to the paper book of the petition.
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Contempt Petition (MD)No.1352 of 2023
5.The learned counsel for the Petitioner further submits that despite the
judgment and order passed by this Court dated 02.09.2022 in W.P.(MD) No.
18789 of 2022, 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
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.
6. Today, when the matter is being taken up, Mr.F.Deepak, the learned
Special Government Pleader for the Respondents, produced an order dated
14.03.2025, passed by the 1st Respondent / Chief Educational Officer,
Nagercoil, Kanniyakumari District and submits that the Respondents have fully
complied with the order passed by this Court dated 02.09.2022 in W.P.(MD)No.
18789 of 2022. A copy of the said order has been taken on record and
furnished to the learned counsel for the Petitioner.
7. The learned Special Government Pleader further submits that the
Petitioner's appointment to the post of B.T. Assistant (Maths) was approved
with effect from the date of her initial appointment, i.e., 21.07.2017. As per the
Court's order dated 02.09.2022 in W.P.(MD)No.18789 of 2022 of 2022, the
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Contempt Petition (MD)No.1352 of 2023
Petitioner will receive all service and monetary benefits within four weeks from
today, after completing due formalities. Thus, the order passed by this Court
dated 02.09.2022 in W.P.(MD)No.18789 of 2022 of 2022 is complied with.
Therefore, he prays that the Respondents be discharged from the contempt
proceedings.
8. Ms.A.Amala, learned counsel for the Petitioner submits that the
Petitioner has received a copy of the order dated 14.03.2025. She also concurs
with the submissions made by the learned Special Government that the
Petitioner will receive all service and monetary benefits within four weeks, upon
completion of requisite formalities. Therefore, she states that she has no
objection to discharging the Respondents from the contempt proceedings at
this stage.
9. Considering the submissions made by the learned counsel for the
Petitioner and the learned Special Government Pleader for the Respondents,
and upon perusal of the order dated 14.03.2025, this Court is satisfied that the
Respondents have approved the Petitioner's appointment as B.T.Assistant
(Maths) with effect from the date of her initial appointment, i.e., 21.07.2017, and
have thus complied with the judgment and order dated 02.09.2022 in
W.P.(MD)No.18789 of 2022. The learned Special Government Pleader has also
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Contempt Petition (MD)No.1352 of 2023
assured that the service and monetary benefits will be disbursed within a period
of four weeks from today. In view of this assurance, this Court deems it
appropriate to drop the contempt proceedings. Accordingly, the Respondents
are discharged from the contempt proceedings at this stage.
10. In view of the above, the Contempt Petition is disposed of at this
stage. The file shall be consigned to record. No costs.
17.03.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
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Contempt Petition (MD)No.1352 of 2023
To:
1.The Chief Educational Officer,
Nagercoil,
Kanniyakumari District.
2.The District Educational Officer,
Marthandam,
Kanniyakumari District
Early,
The District Educational Officer,
Thuckalay, Kanniyakumari District.
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Contempt Petition (MD)No.1352 of 2023
SHAMIM AHMED, J.
Nsr
Contempt Petition (MD)No.1352 of 2023
17.03.2025
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