High Court · 2025

CONT.P(MD)No.88 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 11.08.2025CORAMTHE HONOURABLE MR.JUSTICE SHAMIM AHMEDCONT.P(MD) No.88 of 2024inW.P.(MD) No.16004 of 2022S.Antony RajithaBT Assistant (Science)St.Aloysius Middle School,Soundarapandiapuram,Tirunelveli District-627 113.... Petitionervs.Sherlin VimalThe District Educational Officer,Vallioor, Tirunelveli District. ... RespondentPRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the respondent for her deliberate and wilful disobedience of the order dated 02.09.2022 passed by this Court in W.P.(MD) No.16004 of 2022. For Petitioner:Mr.A.Ajith GeethanFor Respondents :Mr.D.Sadiq Raja Additional Government Pleader1/8 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.88 of 2024ORDERThis Contempt Petition has been filed to punish the contemnor/respondent for wilfully disobeying and not complying with the order of this Court passed in W.P(MD) No.16004 of 2022, dated 02.09.2022. 2.Heard Mr.A.Ajith Geethan, learned counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents, who accepts notice on behalf of the Respondent. Therefore, no further notice is required to be issued to the Respondent.3.The Hon'ble Writ Court, vide judgment and order dated 02.09.2022, had disposed of the aforesaid writ petition along with connected batch writ petitions with the following directions:-“”Accordingly, the impugned order dated 29.12.2021, on the file fo the first respondent is quashed. Consequently, there shall be a direction to the concerned Educational Authorities to forthwith pass orders, approving the appointment of the petitioner to the post of B.T.Assistant (Science) in the third respondent school, with effect 2/8 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.88 of 2024from 21.10.2019, together with all service and monetary benefitss, within a period of four (4) weeks from the date of receipt of a copy of this order.4.Mr.A.Ajith Geethan, learned counsel for the petitioner submits that challenging the judgment and order passed in W.P.(MD) No.16004 of 2022, dated 02.09.2022, the respondent has preferred appeal in W.A.(MD) No.1775 of 2024, before this Court, which was dismissed by the Hon'ble Division Bench of this Court, vide judgment and order, dated 03.10.2024. 5.Thus, the learned counsel for the petitioner submits that in spite of the dismissal of the Writ Appeal, the respondent has not complied with the directions issued by this Court in W.P.(MD) No.16004 of 2022, dated 02.09.2022. Thus, being no other alternative, the present Contempt Petition has been filed with the prayer that the respondent/contemnor has wilfully and deliberately flouted the order passed by this Court and is in contempt of the judgment and order of this Court dated 02.09.2022. Thus, they should be summoned and punished by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971. 3/8 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.88 of 20246.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondent has filed an affidavit of compliance of the respondent, dated 11.08.2025, annexing a copy of the order passed by the respondent dated 28.01.2025, in which it has been stated that the direction issued by the Writ Court in W.P.(MD) No.16004 of 2022, dated 02.09.2022, as well as the appellate Court in W.A.(MD) No.1775 of 2024, dated 03.10.2024, has been fully complied with and the entire monetary benefits have been paid to the petitioner and as of now, no amount is due to the petitioner. 7.In paragraph No.7of the compliance affidavit, the aforesaid fact has been clearly stated, which is reproduced hereunder:-“ 7.In obedience to the order made in W.P.(MD).No.16004 of 2022, on the file of this Court dated 02.09.2022 the District Elementary Educational Officer, Vallioor, vide his proceedings made in Na.Ka.No.91/Aa2/2022 dated 28.01.2025 complied the order in letter and spirit thereby approved the appointment of the writ petitioner w.e.f.21.10.2019. The bill has been submitted before treasury office. The monetary benefitss would be sanctioned/disbursed within three days. The same may be 4/8 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.88 of 2024recorded and appropriate order may be passed by this Court.”8.A copy of the compliance affidavit filed by the respondent, dated 11.08.2025 has been produced before this Court, which is now taken on record and a copy of the same has also been given to the learned counsel for the petitioner. 9.Thus, Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondent submits that the respondent may be discharged from the present contempt proceedings, as the judgment and order of the Hon'ble Writ Court in W.P.(MD) No.16004 of 2022, dated 02.09.2022 and the appellate Court in W.A.(MD) No.1775 of 2024, dated 03.10.2024 have been fully complied with by the respondent, vide order dated 28.01.2025 and the present Contempt Petition may also be disposed of, accordingly. 10.Mr.A.Ajith Geethan, learned counsel for the petitioner submits that he has received a copy of the compliance affidavit filed by the respondent, dated 11.08.2025, annexing a copy of the Order passed by 5/8 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.88 of 2024the respondent dated 28.01.2025 and has no objection, if the respondent is discharged from the contempt proceedings, as the judgment and order of this Court dated 02.09.2022 and 03.10.2024 have been complied with by the respondent, vide order dated 28.01.2025. He further submits that the entire monetary benefits due to the petitioner have already been paid to the petitioner and as of now, no amount is due to the petitioner. 11.Accordingly, in view of the submissions made by the learned counsels for the parties and after perusal of the judgment and order made in W.P.(MD) No.16004 of 2022, dated 02.09.2022 and in W.A.(MD) No.1775 of 2024, dated 03.10.2024 and the compliance affidavit filed by the respondent, dated 11.08.2025, annexing a copy of the Order passed by the respondent, dated 28.01.2025 and also considering the fact that the entire monetary benefits have already been paid to the petitioner, this Court is satisfied that the direction issued by the Writ Court in W.P.(MD) No.16004 of 2022, dated 02.09.2022 has been fully complied with by the respondent and thus, no useful purpose would be served in continuing the present contempt proceedings against the respondent. Accordingly, the Respondents are discharged from the contempt proceedings.6/8 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.88 of 202412. 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. Index :Yes / No11.08.2025Internet:Yes / NovsgToSherlin VimalThe District Educational Officer,Vallioor, Tirunelveli District. 7/8 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.88 of 2024SHAMIM AHMED, J. vsgCONT.P(MD) No.88 of 202411.08.20258/8