BEFORE THE MADURAI BENCH OF MADRAS HIGH
SHAMIM AHMED
M.A.Stephen Sundar Singh, S/o. D.Y.Mohan Doss, - Appellant
Versus
Mr. B.Chandramohan, I.A.S., - Respondent
Contempt Petition(MD)No.1596 of 2018 In W.P.(MD)Nos.10196 of 2018
Decided on : 23-04-2025
(A) Contempt of Courts Act, 1971 - Sections 11 and 12 - Writ Petition - Approval for appointment as Secondary Grade Teacher rejected - Writ Petition allowed, directing approval from original appointment date - Non-compliance led to contempt proceedings - Respondents granted final opportunity to comply with the order - Compliance affidavit submitted, approval granted, but monetary benefits pending. (Paras 3, 4, 6, 9, 10)
(B) Compliance with Court Orders - Importance of adhering to judicial directions - Failure to comply may result in contempt proceedings - Assurance given by Respondents to disburse monetary benefits within two months. (Paras 5, 6, 7)
Facts of the case:
The Petitioner sought approval for appointment as a Secondary Grade Teacher, which was rejected. A Writ Petition was filed, leading to a favorable judgment. Non-compliance with the judgment resulted in a Contempt Petition. The Respondents were given a final opportunity to comply. (Paras 3, 4)
Findings of Court:
The Respondents complied with the Writ Court's order, granting approval for the Petitioner’s appointment. The Court directed the Respondents to disburse monetary benefits within two months. (Paras 6, 7)
Issues: The main issues were the compliance with the Writ Court's order and the disbursement of monetary benefits to the Petitioner. (Paras 4, 6)
Ratio Decidendi: The Court emphasized the necessity of compliance with judicial orders and the consequences of non-compliance, allowing the Respondents a final opportunity to fulfill their obligations. (Paras 9, 10)
Result: Contempt Petition disposed of; Respondents discharged from contempt proceedings.
ORDER
Heard Ms.Dhanaseeli, learned counsel for the Petitioner and Mr.F.Deepak, learned Special Government Pleader, accepts notice on behalf of the Respondents. Therefore, no further notice is required to be issued to the Respondents.
2. When the matter was taken up on 07.04.2025, this Court passed the following order:
“3. Ms.Dhanaseeli, learned counsel for the Petitioner, submits that the Petitioner's approval for appointment to the post of Secondary Grade Teacher, has been rejected by the District Educational Officer vide order dated 20.04.2018. Being no alternative, the Petitioner filed a Writ Petition in W.P.(MD)No.10196 of 2018, seeking to quash the order dated 20.04.2018, whereby the Respondents rejected the Petitioner's appointment and seeking direction against the Respondents to approve his appointment as a Secondary Grade Teacher in the Respondent Institution with effect from the date of his joining, i.e., 02.07.2012, with all service and monetary benefits. The learned Single Judge of this Court vide order dated 28.04.2018 allowed the aforementioned Writ Petition. For better appreciation, the relevant portion of the order is reproduced below:
“9. It has been categorically held in the decision reported in (2016) 4 L.W. 841 – The Secretary to Government, Government of Tamil Nadu and Others Vs. S.Jeyalakshmi and another) that teachers for minority institutions need not have the qualification of TET. Since the said reasoning once again has been given by the respondents in the impugned order, in the opinion of this Court, the same is untenable and therefore, the same is liable to be interfered with.
10.Accordingly, the impugned order is quashed and the respondents are directed to approve the appointment of the petitioner from the date of his original appointment and on making such approval, it is needless to mention that the petitioner shall be entitled to claim salary from his original appointment. 11.With this direction, this writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.”
4. The learned counsel for the petitioner further submits that when the judgment and order passed by this Court dated 28.04.2018 in W.P.(MD)No.10196 of 2018 was not complied with, and in the absence of an alternative remedy, the Petitioner filed a Contempt Petition (MD)No.1596 of 2018 and the co-ordinate bench of this Court, vide order dated 01.04.2022, closed the Contempt Petition with the following observations:
“8. It is an admitted fact that the petitioner is working in the institution. Therefore, this Court is of the considered opinion that the management ought to pay salary on par with other Teachers. Therefore, the management is directed to pay the salary to the petitioner on par with other teachers. The approval of appointment shall be considered after the disposal of the SLP, until then, the management is responsible to pay the salary. After the disposal of the two SLPs, the contemnors shall consider the present issue and shall pass orders as per the orders passed in the said two SLPs. The respondents have preferred a SLP against the Writ Appeal in Diary No.1409 of 2022 in the present case. Therefore, the respondents are directed to consider the issue after the disposal of the said SLP. Therefore, there is no deliberate disobedience. The petitioner is at liberty to reopen the Contempt Petition after the disposal of SLP.
9.Hence, the Contempt Petition is closed. No costs”
5. In pursuance of the judgment and order dated 01.04.2022 passed by this Court, the present sub- application has been filed to reopen the Contempt Petition (MD)No.1596 of 2018 against the Respondents on the grounds that the Special Leave Petition (SLP) filed by the Respondents was dismissed as withdrawn on 20.02.2025. The learned counsel submits that with the dismissal of the SLP, the order dated 28.04.2018 passed by the Writ Court in W.P.(MD)No.10196 of 2018 has attained finality, and the Respondents are now bound to comply with the dir
Compliance with court orders is essential, and failure to do so may lead to contempt proceedings, as emphasized by the court's directive for timely disbursement of benefits.
Court reaffirmed the necessity of compliance with judicial orders, emphasizing that non-compliance can lead to contempt proceedings under the Contempt of Courts Act.
Compliance with court orders is mandatory, and failure to adhere can lead to contempt proceedings as ruled in the present case.
Compliance with court orders is essential, and failure to comply may lead to contempt proceedings; the respondent must ensure the petitioner receives due benefits.
Compliance with court orders is essential, and failure to do so may lead to contempt proceedings, which can be dropped upon fulfillment of the order.
Compliance with court orders is essential; non-compliance leads to contempt, but established compliance results in discharge from contempt proceedings.
Willful disobedience of a court order constitutes contempt of court, and the sincerity of an apology in contempt cases is crucial in determining its acceptance.
Court dismissal of contempt based on compliance with previous orders and procedural rights for further challenges establishes adherence to judicial processes.
Compliance with court orders, once established, mitigates contempt proceedings, reaffirming the importance of procedural respect by public authorities.
The court found no grounds for contempt as the government complied with orders despite delays, emphasizing compliance assessment only.
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