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2025 Supreme(Mad) 4442

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
SHAMIM AHMED, J.
V.Asokan, S/o. Thiru.S.A.Venugopal - Appellant 
Versus 
Thiru V.Dakshinamoorthy IAS. - Respondent 
Cont.P(MD) No.1291 of 2025 in W.P.(MD) No.17459 of 2021
Decided on : 04-07-2025

Advocates:
Advocate Appeared:
For the Appellant : Mr.S.Visvalingam
For the Respondents: Mr.D.Sadiq Raja, Additional Government Pleader

The court confirmed that compliance with judicial orders is essential, and upon finding adequate compliance, discharge from contempt proceedings is warranted.

Headnote:(A) Contempt of Courts Act, 1971 - Sections 11 and 12 - Contempt petition filed alleging non-compliance with prior court order - Government responded with compliance affidavit and confirmation of refixing pay scale - Court held compliance satisfactory and discharged respondents from contempt proceedings. (Paras 1-9)

(B) Compliance and Contempt - The court emphasized that contempt actions underscore the judiciary's authority but should be limited to cases of willful disobedience. (Paras 5, 8)

Facts of the case:
This Contempt Petition was filed due to the alleged wilful non-compliance with the court's order from W.P.(MD) No.17459 of 2021, which directed the respondents to refix the scale of pay for the petitioner within specified timelines.

Findings of Court:
The Court found the affidavit of compliance satisfactory, acknowledging the proper refixing of pay as directed, thereby concluding there was no contempt.

Issues: The primary issue was whether the respondents had complied with the court's prior order regarding the refixing of pay.

Ratio Decidendi: The court reiterated that compliance with its orders is mandatory, but acknowledged the satisfactory compliance in this instance, leading to the dismissal of the contempt petition.

Result: Contempt Petition disposed of and respondents discharged from contempt proceedings.

Table of Content
1. order regarding pay anomaly and compliance (Para 1 , 3)
2. court's satisfaction on compliance (Para 2 , 8)
3. petitioner's contention of non-compliance (Para 4 , 7)
4. affidavit of compliance from respondents (Para 5 , 6)
5. disposal of contempt petition (Para 9)

ORDER :

SHAMIM AHMED, J.

This Contempt Petition has been filed to punish the contemnors/respondents for wilfully disobeying and not complying with the judgment and order of this Court made in W.P(MD) No.17459 of 2021, dated 07.10.2021.

2. Heard Mr.S.Visvalingam, 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 07.10.2021, in W.P.(MD) No.17459 of 2021 had passed the following order:-

“6. It is not in dispute that there was pay anomaly and the Government vide letter dated 11.12.2014 accepted the same and issued a direction to the second respondent to refix the scale of pay of the petitioner herein and based on the said orders of the Government, the 3rd respondent has also sent the proposals to the second respondent to refix the scale of pay of the petitioner. But the said proposals are still pending with the second respondent. Therefore, the second respondent is directed to forward the proposals submitted by the third respondent to the first respondent within a period of six weeks from the date of receipt of a copy of this order. The first respondent is directed to consider the same and pass appropriate orders in accordance with law within a period of six months thereafter.”

4. The learned counsel for the petitioner submits that the order passed by this Court in W.P.(MD) No.17459 of 2021, dated 07.10.2021, had not been complied with. Thus, the respondents/contemnors have wilfully and deliberately flouted the order passed by this Court and are in contempt of the order of this Court dated 07.10.2021. 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 has filed an affidavit of compliance of the respondents, dated 03.07.2025, annexing a copy of the Government Order made in G.O.Ms.No.251, Agriculture Welfare Department, dated 03.07.2025, in which it has been stated that the direction issued by this Court, vide order dated 07.10.2021, in W.P.(MD) No.17459 of 2021 has been fully complied with and the petitioner's scale of pay has been refixed in the cadre of Deputy Agriculture Officer. The compliance affidavit filed by the respondents, dated 03.07.2025, is taken on record and a copy of the same has also been given to the learned counsel for the petitioner. Thus, he submits that the respondents may be discharged from the present contempt proceedings, as the judgment and order dated 07.10.2021, passed in W.P. (MD) No.17459 of 2021 has been fully complied with by the respondents and the present Contempt Petition may also be disposed of.

6. Mr.S.Visvalingam, learned Counsel for the petitioner submits that he has received a copy of the compliance affidavit of the respondents, dated 03.07.2025 along with a copy of the Government Order made in G.O.Ms.No. 251, Agriculture Welfare Department, dated 03.07.2025 and submits that the respondents have made full compliance of the judgment and order passed by this Court in W.P.(MD) No.17459 of 2021, dated 07.10.2021.

7. He further submits that the petitioner's scale of pay has been refixed in the cadre of Deputy Agriculture Officer and thus, he has no objection, if the respondents are discharged from the present contempt proceedings, as the judgment and order of this Court dated 07.10.2021 has been fully complied with by the respondents and the present Contempt Petition may also be disposed of.

8. Accordingly, in view of the submissions made by the learned counsels for the parties and after perusal of the records, the compliance affidavit

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