D. Santhi v. Lakshmana Swamy, District Educational Officer, Vallioor, Tirunelveli District
2025-03-12
SHAMIM AHMED
body2025
DigiLaw.ai
ORDER : (SHAMIM AHMED, J.) Heard Mr.T.Pon Ramkumar, learned Counsel for the petitioner and Mr.F.Deepak, learned Special Government Pleader for the respondents. 2.This is a petition seeking initiation of contempt proceedings against the respondents for violation of the order, dated 23.09.2021, passed by this Court in W.P.(MD)No.11753 of 2021. 3.The petitioner had filed a Writ Petition bearing W.P.(MD)No.11753 of 2021 before this Court with a prayer to quash the impugned order, dated 28.12.2020, as annual increments, incentive, surrender leave benefits and other attendant benefits including pay fixation and allowances from the date of her appointment, ie., 03.10.2017 was denied. This Hon'ble Court vide judgment and order, dated 23.09.2021, allowed the Writ Petition with the following direction:- “7.Accordingly, the impugned order passed by the second respondent dated 28.12.2020 is quashed and this Writ Petition is allowed. The respondents are directed to award annual increments, incentive, surrender leave benefits and other attendant benefits to the petitioner including pay fixation and allowances from the date of his appointment viz., 03.10.2017 without insisting to pass in Teacher Eligibility Test, subject to the outcome of any modification or any order passed by the Court. No costs.” 4.The learned Counsel for the petitioner further submits that despite the judgment and order passed by the this Court in W.P.(MD)No.11753 of 2021, dated 23.09.2021, the respondents have not complied with the directions of this Court and have wilfully and deliberately flouting the order passed by this Court and thus, they have committed the contempt of Court and they should be summoned and punished by this Court by exercising the power under Sections 11 and 12 of the Contempt of Court Act. 5.Today, when the matter is being taken up, Mr.F.Deepak, learned Special Government Pleader submits that the order passed by this Court, dated 23.09.2021 has been fully complied with and in this regard, an order, dated 11.03.2025 has been passed by the first respondent. The copy of the order has been produced before this Court, which is taken on record. The copy of the order, dated 11.03.2025 was also given to Mr.T.Pon Ramkumar, learned Counsel for the petitioner. The learned Special Government Pleader also submits that the direction issued by this Court has been fully complied with and the petitioner was given the annual increments, incentive, surrender leave benefits and other attendant benefits including pay fixation and allowances from the date of her appointment, ie. 03.10.2017.
The learned Special Government Pleader also submits that the direction issued by this Court has been fully complied with and the petitioner was given the annual increments, incentive, surrender leave benefits and other attendant benefits including pay fixation and allowances from the date of her appointment, ie. 03.10.2017. Thus, he submits that the respondents have already made compliance of this Court and that the respondents may be discharged from the present Contempt Proceedings. 6.Mr.T.Pon Ramkumar, learned Counsel for the petitioner also submits that the respondents have made compliance of the judgment and order passed by this Court dated 23.09.2021 passed in W.P.(MD)No.11753 of 2021 and in this regard, an order, dated 11.03.2025 has been issued and a copy of the same was given to the petitioner and the petitioner was granted all the benefits including annual increments, incentive, surrender leave benefits and other attendant benefits including pay fixation and allowances from the date of her appointment, ie. 03.10.2017. Thus, he submits that the petitioner has no objection, if the respondents being discharged from the present contempt proceedings and the present Contempt Petition may be disposed of accordingly. 7.After considering the entire arguments advanced by the learned Counsel for the parties and after perusal of the order passed by this Court, dated 23.09.2021 and the order passed by the first respondent, dated 11.03.2025, this Court is also satisfied that the respondents have made fully complied with the directions issued by this Court and no useful purpose will be served in continuing the present contempt proceedings any further. Accordingly, the respondents are discharged from the present contempt proceedings and the present Contempt Petition is disposed of. The file is consigned to record. No order as to costs.