Madras High Court
S.Nabisha Beevi vs Mrs.M.K.C.Subhashini on 21 March, 2025
Contempt Petition(MD)No.759 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition(MD)No.759 of 2022
In
W.P.(MD)Nos.11750 of 2021
S.Nabisha Beevi
BT Assistant,
Rahmnania Higher Secondary School,
Melapalayam,
Tirunelveli District. ...Petitioner/Petitioner
Vs
1.Mrs.M.K.C.Subhashini,
The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
2.C.Vasantha,
The District Educational Officer,
Tirunelveli, Tirunelveli District. ...Contemnors/Respondents 1 & 2
PRAYER: Contempt Petition is filed under Section 11 of Contempt of
Courts Act, to punish the Contemnors/ Respondents 1 & 2 for willfully
disobeying and not complying with the order passed by this Court in
W.P(MD)No.11750 of 2021, dated 23.09.2021.
1/8
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Contempt Petition(MD)No.759 of 2022
For Petitioner : Ms.Oviya,
For Mr.T.Pon Ramkumar
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 23.09.2021 passed by this
Court in W.P.(MD)No.11750 of 2021.
2. Heard Ms.Oviya, learned counsel on behalf of Mr.T.Pon
Ramkumar, learned counsel for the Petitioner and Mr.F.Deepak, learned
Special Government Pleader, for the Respondents.
3. This Court vide order dated 12.03.2025 passed the following order:
“2.The petitioner had filed a Writ Petition bearing
W.P.(MD)No.11750 of 2021 before this Court with a
prayer to quash the impugned order, dated 30.06.2021, as
annual increments, incentive, surrender leave benefits and
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Contempt Petition(MD)No.759 of 2022
other attendant benefits including pay fixation and
allowances from the date of her appointment, ie.,
11.07.2016 was denied. This Hon'ble Court vide judgment
and order, dated 23.09.2021, allowed the Writ Petition
with the following direction:
“7.Accordingly, the impugned order passed by
the second respondent dated 30.06.2021 is
quashed and this Writ Petition is allowed. The
respondents are directed to award annual
increments, incentive, surrender leave benefits
and other attendant benefits to the petitioner
including pay fixation and allowances from the
date of his appointment viz., 11.07.2016, without
insisting to pass in Teacher Eligibility Test,
subject to the outcome of any modification or any
order passed by the Court. No costs.”
3.The learned Counsel for the petitioner submits that
against the order, dated 23.09.2021, the respondents went
to an appeal bearing W.A.(MD)No.1064 of 2022, which
was ultimately dismissed by the Division Bench by
judgment and order, dated 29.10.2024. Thus, the learned
Counsel for the petitioner submits that in spite of the
dismissal of the appeal, the respondents have not made
compliance of the judgment and order, dated 23.09.2021.
Thus, being no alternative, the present Contempt Petition
has been filed before this Court with a prayer that the
respondents have deliberately and wilfully flouted the
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Contempt Petition(MD)No.759 of 2022
judgment and order passed by this Court and thus, they
have committed the contempt of Court and they should be
summoned and punished by this Court by exercising the
power under Sections 11 and 12 of the Contempt of Court
Act.
4.Today, when the matter is taken up, Mr.F.Deepak,
learned Special Government Pleader submits that after the
dismissal of the Writ Appeal, the steps for compliance are
under process and he prays a last opportunity to produce
the compliance affidavit.
5.Accordingly, as prayed by Mr.F.Deepak, learned
Special Government Pleader, a last opportunity of ten days
and no more time is garnted to the learned Special
Government Pleader to file a compliance affidavit and also
comply with the judgment and order passed by this Court,
dated 23.09.2021.
6.Put up this case before this Court on 21.03.2025”
4. Today, when the matter is being taken up, Mr.F.Deepak, learned
Special Government Pleader for the Respondents, produced an order dated
12.03.2025, passed by the District Educational Officer, Tirunelveli District
/ 2nd Respondent and submits that the Respondents have fully complied
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Contempt Petition(MD)No.759 of 2022
with the Court's order dated 23.09.2021 in W.P.(MD)No.11750 of 2021, as
the entire relief claimed by the Petitioner was granted. 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 Respondents may be discharged
from the contempt proceedings.
5. Ms.Oviya, learned counsel on behalf of Mr.T.Pon Ramkumar,
learned counsel for the Petitioner submits that she has received the copy of
the order dated 12.03.2025 and submits that the direction issued by this
Court vide judgment and order dated 23.09.2021 in W.P.(MD)No.11750 of
2021 has been fully complied with. She further states that she has no
objection to the Respondents 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
Respondents, and upon perusal of the order dated 12.03.2025 passed by
the District Educational Officer, Tirunelveli District / 2nd Respondent, this
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Contempt Petition(MD)No.759 of 2022
Court is satisfied that the Respondents have fully complied with the
judgment and order of this Court dated 23.09.2021 passed in
W.P.(MD)No.11750 of 2021. 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 Respondents are discharged
from the contempt proceedings.
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.
21.03.2025
Index:Yes/No
Web:Yes/No
Speaking/Non Speaking
Nsr
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Contempt Petition(MD)No.759 of 2022
To:
1.The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
2.The District Educational Officer,
Tirunelveli, Tirunelveli District.
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Contempt Petition(MD)No.759 of 2022
SHAMIM AHMED, J.
Nsr
Contempt Petition(MD)No.759 of 2022
21.03.2025
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