The court upheld the imposition of costs due to the repeated non-compliance with its orders, emphasizing the necessity of adherence to judicial rulings.

JUDGMENT :

P. VELMURUGAN, J.

1. This intra-court appeal has been filed against the order passed by the learned Single Judge of this Court in Cont. P. No.565 of 2022, dated 12.07.2022.

2. The respondent had filed writ petition in W.P.No.12189 of 2009 seeking to quash the G.O.(2D)No.179 dated 28.11.2008 issued by the first respondent and quash the same insofar as the promotion of third respondent therein to the post of District Registrar overlooking the respondent herein, who is the writ petitioner, is concerned and to direct the respondents 1 and 2 therein to consider and promote the writ petitioner to the post of District Registrar w.e.f. 28.11.2008 before the promotion of third respondent therein as much with due seniority, arrears of salary and all consequential benefits.

3. The Writ Court, by an order dated 02.09.2021, allowed the Writ Petition, directing the respondents 1 and 2 therein to fix the seniority of the petitioner over and above that of the third respondent therein as well as three individuals named in the order and to pay all the consequential monetary benefits within six from the date of order.

4. Since the order of Writ Court dated 02.09.2021 has not been complied with by the respondents therein, who are the appellants herein, writ petitioner filed contempt petition in Cont.P.No.565 of 2022. Before the learned Single Judge, in the Contempt Petition, the learned Additional Advocate General had given assurance to comply with the order of the Writ Court in full. But, even after giving sufficient time, the appellants, who are respondents in the contempt petition have not complied with the order in full and they filed Writ Appeal, which was dismissed on 13.06.2022 by the Division Bench of this Court. Thereafter G.O.No.154 dated 12.07.2022 was issued setting out the dates of promotion of the Writ Petitioner in various posts. As against the dismissal of the Writ Appeal by the Division Bench, the appellants herein filed an SLP.

5. The learned Single Judge, noting the attitude of the appellants herein, vide an order dated 12.07.2022, imposed cost of Rs.50,000/- to be paid to the writ petitioner and further closed the contempt petition recording the assurance of learned AAG and subject to compliance in full.

6. Now challenging the imposition of cost of Rs.50,000/- by the learned Single Judge, the contempt appeal has been filed.

7. The learned Additional Advocate General for the appellants would submit that there was no wilful disobedience of the order of this Court. The Writ Court passed the order on 02.09.2021, in and by which, the appellants were directed to revise the respondent’s seniority with respect to the date of his initial appointment and above to his juniors and further ordered that he shall be entitled to all consequential benefits. The appellants received the said order on 24.02.2022 and thereafter the seniority of the respondent has been revised in various cadres through various proceedings without waiting for the outcome of the appeal in W.A.No.1433 of 2022 filed by the appellants challenging the order in the Writ Petition dated 02.09.2021. The Division Bench of this Court by an order dated 13.06.2022 dismissed the Writ Petition, as against which, SLP also filed.

7.1 In the interregnum, the respondent has filed Cont.P.No.565 of 2022 and this Court, by an order dated 12.07.2022, even though recorded the compliance and accepted the case of the appellants, imposed cost of Rs.50,000/-, which is now under challenge in this appeal.

7.2 The learned AAG reiterated that since there is no wilful disobedience of the order of this Court and there was only ambiguity in the compliance and the learned Single Judge also closed the contempt,