High Court · 2025

CONT.P(MD)No.1050 of 2025PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the respondents 1 and 2 for wilful disobedience of the order passed by this Court on 22.08.2022 in W.P.(MD) No.19067 of 2022. For Petitioner:Mr.T.Pon Ramkumar For Respondents :Mr.D.Sadiq Raja Additional Government Pleader ORDERThis Contempt Petition has been filed to punish the contemnors/respondents for wilfully disobeying and not complying with the order of the Writ Court passed in W.P(MD) No.19067 of 2022, dated 22.08.2022. 2.Heard Mr.T.Pon Ramkumar, learned counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents.3.This Court, vide judgment and order dated 07.07.2025, had passed the following order:-2/14 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.1050 of 2025“This Contempt Petition has been filed with the prayer that the respondents/contemnors have not complied with the judgment and order passed by this Court in W.P.(MD) No.19067 of 2022, dated 22.08.2022.2.Heard Mr.T.Pon Ramkumar, learned counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondents.3.The Co-ordinate Bench of this Court, vide judgment order dated 22.08.2022, had allowed the aforesaid writ petition with the following directions:-“ 5.For all the foregoing reasons, the impugned order passed by the 1st respondent herein vide A.Thi.Mu.No.1208 / A1 / 2021 dated 15.04.2021, is hereby quashed. Consequently, the third respondent herein is called upon to resubmit the proposal to the first respondent herein and on receipt of such proposal, the first respondent herein shall pass appropriate orders approving the appointment of the petitioner to the post of Secondary Grade Teacher with effect from 02.04.2019. Such orders shall be passed, atleast within a period of six (6) weeks from the date of receipt of re-submission of the proposal.”4.The learned counsel for the petitioner submits that challenging the judgment and order passed in W.P.(MD) No.19067 of 2022, dated 22.08.2022, the respondents have preferred an appeal bearing W.A.(MD) No.1142 of 2023, 3/14 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.1050 of 2025before this Court, which was dismissed by the Hon'ble Division Bench of this Court, vide judgment and order, dated 29.10.2024. For better appreciation, paragraph No.3 of the judgment and order dated 29.10.2024 made in W.A.(MD) No.1142 of 2023 is extracted herein below as under:-“3.We see no reason to interfere with the order of the Writ Court. The authorities will approve the appointment of the 1st respondent as Secondary Grade Teacher and also pay her salary and other attendant benefits with effect from the date of her appointment till date of payment within 12 weeks from the date of receipt of copy of this order. If the amount is not paid within 12 weeks, the authorities will pay 12% interest from the date of which the amount actually became due till the date of payment. No Costs. Consequently, connected miscellaneous petition is closed.”5.Thus, the learned counsel for the petitioner submits that in spite of the dismissal of the Writ Appeal, the respondents have not complied with the directions issued by this Court in W.P.(MD) No.19067 of 2022, dated 22.08.2022. Thus, being no other alternative, the present Contempt Petition has been filed with the prayer that the respondents/contemnors have wilfully and deliberately flouted the order passed by this Court and are in contempt of the judgment and order of this Court dated 22.08.2022 and 29.10.2024. Thus, they should be summoned and punished by 4/14 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.1050 of 2025exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971. 6.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents, has filed an affidavit of compliance, dated 07.07.2025, of the second respondent/Mr.S.Loganathan, The Block Educational Officer, Alangulam, Tenkasi District, annexing a copy of the decision taken by the first respondent/the District Educational Officer (Elementary), Tenkasi District, dated 21.02.2025, in which it has been stated in paragraph No.8 that the judgment and order passed by this Court in W.P.(MD) No.19067 of 2022, dated 22.08.2022 has been complied with. 7.For better appreciation, paragraph No.8 of the compliance affidavit filed by the second respondent, dated 07.07.2025, is extracted herein below:-“8.In obedience to the order made in in W.P. (MD).No. 19067 of 2022, on the file of this Hon'ble Court dated 22.08.2022 The District Educational Officer (Elementary), Tenkasi vide his proceedings made in O.Mu.No. 352/A4/2025 dated 21.02.2025 complied the order in letter and spirit thereby approved the appointment of the writ petitioner w.e.f. 02.04.2019. ”8.The learned Additional Government Pleader further submits that the petitioner's appointment for the post of Secondary Grader Teacher has been approved with effect 5/14 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.1050 of 2025from 02.04.2019 and further assures this Court that all services and monetary benefits, as directed by the appellate Court, vide judgment and order dated 29.10.2024, payable by the respondents will be paid from the date of petitioner's appointment ie., from 02.04.2019 to till June, 2025 along with 12% interest, in accordance with law, in the account of the petitioner within six weeks from today without fail. He further submits that from July, 2025 onwards, regular salary shall be paid to the petitioner as per Rules. 9.The affidavit filed by the second respondent, dated 07.07.2025, is taken on record and a copy of the same has also been given to the learned counsel for the petitioner. 10.Mr.T.Pon Ramkumar, learned counsel for the petitioner submits that he has received a copy of the affidavit filed by the second respondent, dated 07.07.2025 and submits that the respondents have only made part compliance of the judgment and order passed by this Court in W.P.(MD) No.19067 of 2022, dated 22.08.2022. 11.He further submits that even though the petitioner's appointment for the post of Secondary Grader Teacher has been approved with effect from 02.04.2019, there is no whisper in the compliance affidavit of the respondents 1 and 2 in respect of the monetary benefit payable to the petitioner by the respondents, as directed by the appellate Court, vide judgment and order dated 29.10.2024 and also in respect of 6/14 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.1050 of 202512% interest. Thus, he submits that the respondents have not made full compliance of the judgment and order made in W.P.(MD) No.19067 of 2022, dated 22.08.2022 and in W.A.(MD) No.1142 of 2023, dated 29.10.2024 and are in contempt of the order of this Court dated 22.08.2022 and 29.10.2024. 12.However, based on the assurance given by Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents that all services and monetary benefits, as directed by the appellate Court, vide judgment and order dated 29.10.2024, payable by the respondents will be paid from 02.04.2019 to till June, 2025 along with 12% interest in accordance with law in the account of the petitioner within six weeks from today without fail and from July, 2025 onwards, regular salary shall also be paid to the petitioner as per Rules, he has no objection, if the respondents are granted some further time to make compliance of the aforesaid two orders passed by this Court. 13.It was further submitted that a positive direction may be given to the respondents to grant all services and monetary benefits payable to the petitioner as assured by the learned Additional Government Pleader within the time frame fixed by this Court.14.Accordingly, in view of the submissions made by the learned counsel for the parties, after perusal of the judgment and order passed in W.P.(MD) No.19067 of 2022, dated 7/14 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.1050 of 202522.08.2022 and in W.A.(MD) No.1142 of 2023, dated 29.10.2024 and the compliance affidavit filed by the second respondent/Mr.S.Loganathan, The Block Educational Officer, Alangulam, Tenkasi District, annexing a copy of the decision taken by the first respondent/the District Educational Officer (Elementary), Tenkasi District, dated 21.02.2025 and also as per the assurance given by Mr.D.Sadiq Raja, learned Additional Government Pleader that all services and monetary benefits, as directed by the appellate Court, vide judgment and order dated 29.10.2024, payable by the respondents will be paid from 02.04.2019 to till June, 2025 along with 12% interest in accordance with law in the account of the petitioner within six weeks from today without fail and from July, 2025 onwards, regular salary shall be paid to the petitioner as per Rules, this Court grants four weeks time to the respondents to make full compliance of the judgment and order passed by this Court, dated 22.08.2022 and 29.10.2024 without fail, failing which, the respondents are directed to appear in person before this Court to justify their conduct by filing an affidavit and why this Court should not proceed with the contempt proceedings against them. 15.Put up this case 'for further orders' before this Court on 11.08.2025. Let a copy of this order be given to Mr.D.Sadiq Raja, learned Additional Government Pleader for information and its necessary compliance.”8/14 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.1050 of 20254.Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents, submits that he has already filed an affidavit of compliance, dated 07.07.2025, of the second respondent/Mr.S.Loganathan, The Block Educational Officer, Alangulam, Tenkasi District, annexing a copy of the decision taken by the first respondent/the District Educational Officer (Elementary), Tenkasi District, dated 21.02.2025, in which it has been stated that the judgment and order passed by this Court in W.P.(MD) No.19067 of 2022, dated 22.08.2022 has been fully complied with.5.It was further submitted that the petitioner's appointment for the post of Secondary Grader Teacher has been approved with effect from 02.04.2019 and all the services and monetary benefits payable by the respondents have already been paid in the account of the petitioner and no amount is due to the petitioner. 6.The aforesaid fact has been clearly stated in paragraph No.8 of the compliance affidavit filed by the second respondent, dated 07.07.2025, which is being reproduced herein below:-9/14 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.1050 of 2025““8.In obedience to the order made in in W.P. (MD).No. 19067 of 2022, on the file of this Hon'ble Court dated 22.08.2022 The District Educational Officer (Elementary), Tenkasi vide his proceedings made in O.Mu.No. 352/A4/2025 dated 21.02.2025 complied the order in letter and spirit thereby approved the appointment of the writ petitioner w.e.f. 02.04.2019. The entire monetary benefits have also been paid in full. ”7.Thus, he submits that the respondents may be discharged from the present contempt proceedings and the present Contempt Petition may also be disposed of, accordingly, as the judgment and order of the Writ Court dated 22.08.2022 has been fully complied with by the first respondent, vide order dated 21.02.2025 and the all the services and monetary benefits payable by the respondents have already been paid in the account of the petitioner and no amount is due to the petitioner payable by the respondents. 8.Mr.T.Pon Ramkumar, learned counsel for the petitioner, submits that he has received a copy of the compliance affidavit, dated 07.07.2025, of the second respondent/Mr.S.Loganathan, The Block 10/14 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.1050 of 2025Educational Officer, Alangulam, Tenkasi District, annexing a copy of the decision taken by the first respondent/the District Educational Officer (Elementary), Tenkasi District, dated 21.02.2025 and submits that the respondents have made full compliance of the judgment and order passed by the Writ Court in W.P.(MD) No.19067 of 2022, dated 22.08.2022. 9.It was further submitted that the petitioner's appointment for the post of Secondary Grader Teacher has been approved with effect from 02.04.2019 and all the services and monetary benefits payable by the respondents were paid to the petitioner and no amount is due to the petitioner. Thus, he submits that he has no objection, if the respondents are discharged from the present contempt proceedings, as the judgment and order of the Writ Court dated 22.08.2022 has been fully complied with by the first respondent, vide order dated 21.02.2025 and the present Contempt Petition may also be disposed of. 10.Accordingly, in view of the submissions made by the learned counsel for the parties, after perusal of the judgment and order passed in W.P.(MD) No.19067 of 2022, dated 22.08.2022 and after perusal of the 11/14 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.1050 of 2025order passed by the first respondent, dated 21.02.2025 and also considering the fact that all the services and monetary benefits payable by the respondents have already been paid in the account of the petitioner and no amount is due to the petitioner payable by the respondents, this Court satisfied that the direction issued by this Court in W.P.(MD) No.19067 of 2022, dated 22.08.2022 has been fully complied with by the respondents and there is no justification in continuing the present contempt proceedings against the respondents. 11.Accordingly, the Contempt Petition is finally disposed of and the respondents are discharged from the present contempt proceedings. The file is consigned to record. No costs. Index :Yes / No11.08.2025Internet:Yes / NommTo1.The District Educational Officer, Now Redesignated as 12/14 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.1050 of 2025 The District Educational Officer, (Elementary), Tenkasi, Tenkasi District.2.The Block Educational Officer, Alangulam, Tenkasi District. 13/14 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.1050 of 2025SHAMIM AHMED, J. mmCONT.P(MD) No.1050 of 202511.08.202514/14