Court reaffirmed the necessity of compliance with judicial orders, emphasizing that non-compliance can lead to contempt proceedings under the Contempt of Courts Act.

ORDER :

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.7583 of 2021, dated 02.09.2022.

2. Heard Mr.FR.S.Savarimuthu for M/S.Father Xavier Associates 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.7051 of 2020, vide order dated 02.09.2022, had passed the following order in W.P.(MD) No.7583 of 2021:-

“Accordingly, the impugned order dated 05.02.2021, on the file of the fourth 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 (English), in the fifth respondent school with effect from 01.06.2019 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. Thereafter, this Court, vide order dated 11.06.20025, in the present contempt petition had passed the following directions:-

“Heard Mr.FR.S.Savarimuthu, learned counsel, for M/s.Father Xavier Associates, appearing for the Petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader accepts notice on behalf of the Respondents. Therefore, no further notice is required to be issued to the Respondents.

2. The Contempt Petition has been filed for non compliance of the judgment and order passed by the Writ Court in W.P.(MD)No.7583 of 2021 dated 02.09.2022 and the learned Single Judge of this Court vide judgment and order dated 02.09.2022 allowed the said Writ Petition. For better appreciation, the relevant portion of the order is reproduced below:

“Accordingly, the impugned order dated 05.02.2021, on the file of the fourth 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 (English), in the fifth respondent school with effect from 01.06.2019, 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.”

3. The learned counsel for the Petitioner further submits that despite the judgment and order passed by the Writ Court dated 02.09.2022 in W.P.(MD)No.7583 of 2021, the Respondents have not complied with the directions of this Court and they have wilfully and deliberately flouting the orders passed by the Writ Court. Thus, the learned counsel submits that the Respondents are in contempt and they may be summoned before this Court and punished for committing contempt by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act , 1971.

4. Upon perusing the judgment and order passed by the Writ Court dated 02.09.2022 in W.P.(MD)No.7583 of 2021 as well as the affidavit filed in support of the contempt petition, which states that the Respondents have not complied with the orders of the Writ Court, this Court is of the view that the Respondents appear to have wilfully and deliberately disobeyed the order of this Court. Consequently, this Court deems it necessary to initiate proceedings against the Respondents for their alleged non-compliance with the said orders.

5. Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondent, request time to ensure compliance with the judgment and order of the Writ Court dated 02.09.2022 in W.P. (MD)No.7583 of 2021.