Court dismissal of contempt based on compliance with previous orders and procedural rights for further challenges establishes adherence to judicial processes.

ORDER :

(SHAMIM AHMED, J.)

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.18866 of 2019, dated 02.09.2022.

2. Heard Mr.K.Ragatheesh Kumar for M/S.Isaac Chambers appearing for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader, for the Respondents.

3. The Co-ordinate Bench of this Court in a bunch of writ petitions, in which, the main writ petition number is W.P.(MD) No.6340 of 2018, vide judgment and order dated 02.09.2022, had passed the following order in W.P. (MD) No.18866 of 2019:-

“Accordingly, the impugned order dated 15.10.2018, 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.Jaspin Reena, to the post of B.T.Assistant (Social Science), in the petitioner school with effect from 21.08.2018, 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.”

4. The learned counsel for the petitioner submits that despite the judgment and order passed by this Court in W.P.(MD)No.18866 of 2019, dated 02.09.2022, the respondents have not complied with the directions of this Court. 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 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 .

5. Today, when the matter is taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents submits that challenging the judgment and order, dated 02.09.2022, the respondents have preferred an appeal in W.A.(MD) No.1580 of 2023, before this Court, which was allowed by the Hon'ble Division Bench of this Court, vide judgment and order, dated 20.11.2023 with the following terms:-

“39. In view of the fact that eligibility of the teaching staff is also to be scrutinized, the matter is remanded back to the authority concerned for fresh consideration. It is open to the respondent – School to produce all the relevant documents and Judgments to establish their case before the authority concerned, who in turn shall consider the same and pass appropriate orders on merits and in accordance with law.

40. Therefore, the matter is remitted back to the competent authorities for passing fresh orders. Such an exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. The respondent is at liberty to submit fresh representations or documents, if any, in the meanwhile. Consequently, the order passed by the learned Single Judge in W.P.(MD).No.18866 of 2019, dated 02.09.2022 and the impugned orders in the Writ proceedings are set aside and the Writ Appeal stands allowed. No costs. Consequently, connected miscellaneous petition is closed. ”

6. It was further submitted that in compliance of the judgment and order passed in W.A.(MD) No.1580 of 2023, dated 20.11.2023, the first respondent/the Chief Educational Officer, Kanyakumari, has considered the claim and grievances of the petitioner and vide order dated 13.05.2025, has rejected the claim of the petitioner on merits and in accordance with law. In this regard, he filed an affidavit of compliance of the first respondent, dated 08.07.2025, annexing a copy of the decision t