M. A. Stephen Sundar Singh, S/o. D. Y. Mohan Doss v. B. Chandramohan, I. A. S.
2025-04-23
SHAMIM AHMED
body2025
DigiLaw.ai
ORDER Heard Ms.Dhanaseeli, learned counsel for the Petitioner and Mr.F.Deepak, learned Special Government Pleader, accepts notice on behalf of the Respondents. Therefore, no further notice is required to be issued to the Respondents. 2. When the matter was taken up on 07.04.2025, this Court passed the following order: “3. Ms.Dhanaseeli, learned counsel for the Petitioner, submits that the Petitioner's approval for appointment to the post of Secondary Grade Teacher, has been rejected by the District Educational Officer vide order dated 20.04.2018. Being no alternative, the Petitioner filed a Writ Petition in W.P.(MD)No.10196 of 2018, seeking to quash the order dated 20.04.2018, whereby the Respondents rejected the Petitioner's appointment and seeking direction against the Respondents to approve his appointment as a Secondary Grade Teacher in the Respondent Institution with effect from the date of his joining, i.e., 02.07.2012, with all service and monetary benefits. The learned Single Judge of this Court vide order dated 28.04.2018 allowed the aforementioned Writ Petition. For better appreciation, the relevant portion of the order is reproduced below: “9. It has been categorically held in the decision reported in (2016) 4 L.W. 841 – The Secretary to Government, Government of Tamil Nadu and Others Vs. S.Jeyalakshmi and another) that teachers for minority institutions need not have the qualification of TET. Since the said reasoning once again has been given by the respondents in the impugned order, in the opinion of this Court, the same is untenable and therefore, the same is liable to be interfered with. 10.Accordingly, the impugned order is quashed and the respondents are directed to approve the appointment of the petitioner from the date of his original appointment and on making such approval, it is needless to mention that the petitioner shall be entitled to claim salary from his original appointment. 11.With this direction, this writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.” 4. The learned counsel for the petitioner further submits that when the judgment and order passed by this Court dated 28.04.2018 in W.P.(MD)No.10196 of 2018 was not complied with, and in the absence of an alternative remedy, the Petitioner filed a Contempt Petition (MD)No.1596 of 2018 and the co-ordinate bench of this Court, vide order dated 01.04.2022, closed the Contempt Petition with the following observations: “8. It is an admitted fact that the petitioner is working in the institution.
It is an admitted fact that the petitioner is working in the institution. Therefore, this Court is of the considered opinion that the management ought to pay salary on par with other Teachers. Therefore, the management is directed to pay the salary to the petitioner on par with other teachers. The approval of appointment shall be considered after the disposal of the SLP, until then, the management is responsible to pay the salary. After the disposal of the two SLPs, the contemnors shall consider the present issue and shall pass orders as per the orders passed in the said two SLPs. The respondents have preferred a SLP against the Writ Appeal in Diary No.1409 of 2022 in the present case. Therefore, the respondents are directed to consider the issue after the disposal of the said SLP. Therefore, there is no deliberate disobedience. The petitioner is at liberty to reopen the Contempt Petition after the disposal of SLP. 9.Hence, the Contempt Petition is closed. No costs” 5. In pursuance of the judgment and order dated 01.04.2022 passed by this Court, the present sub- application has been filed to reopen the Contempt Petition (MD)No.1596 of 2018 against the Respondents on the grounds that the Special Leave Petition (SLP) filed by the Respondents was dismissed as withdrawn on 20.02.2025. The learned counsel submits that with the dismissal of the SLP, the order dated 28.04.2018 passed by the Writ Court in W.P.(MD)No.10196 of 2018 has attained finality, and the Respondents are now bound to comply with the directions and observations made therein. 6. Despite the dismissal of the SLP over two months ago, the Respondents have failed to comply with the judgment and order dated 28.04.2018 passed by the Writ Court in W.P.(MD)No.10196 of 2018. This deliberate and wilful non-compliance constitutes contempt of this Court. Thus, the learned counsel submits that the Respondents are in contempt. She also submits that the Respondents 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 . 7. Mr.F.Deepak, the learned Special Government Pleader requests that this Court grant the Respondents a final opportunity to comply with the judgment and order passed by the Writ Court on 28.04.2018 in W.P.(MD)No.10196 of 2018.
7. Mr.F.Deepak, the learned Special Government Pleader requests that this Court grant the Respondents a final opportunity to comply with the judgment and order passed by the Writ Court on 28.04.2018 in W.P.(MD)No.10196 of 2018. He also assures this Court that whatever order is passed by this Court will be fully complied with and request a period of 10 days to ensure compliance. 8. The learned counsel for the Petitioner has no objection to the prayer made by the learned Special Government Pleader for the Respondents. 9. In view of the assurance given by Mr.F.Deepak, learned Special Government Pleader for the Respondents, this Court grants the Respondents a final opportunity to comply with the judgment and order passed by the Writ Court dated 28.04.2018 in W.P. (MD)No.10196 of 2018, without fail, within a period of 10 days from today. The Respondents are directed to communicate the decision taken by them to the Petitioner and to file an affidavit of compliance in this regard within a period of 10 days from today. Failure to comply with the said order within the stipulated time frame will necessitate the Respondents' personal appearance before this Court on the next fixed date. 10. In view of the above, the Sub Application is allowed and put up the Contempt Petition (MD)No.1596 of 2018 under the caption “For Orders” on 23.04.2025. 11. Let a copy of this order be given to Mr.F.Deepak, learned Special Government Pleader for its necessary compliance and information to the Respondents. 3. Pursuant to the order dated 07.04.2025, Mr.F.Deepak, the learned Special Government Pleader for the Respondents, has produced an order dated 16.04.2025 passed by the 3 rd Respondent along with the compliance affidavit. A copy of the said order and the compliance affidavit has been taken on record and furnished to the learned counsel for the Petitioner. He further submits that in Paragraph Nos.6 and 7 of the compliance affidavit, it has been clearly stated that approval has been granted to the Petitioner for appointment to the post of Secondary Grade Teacher with effect from 02.07.2012. Thus, he submits that the judgment and order passed by the Writ Court dated 28.04.2018 in W.P.(MD)No.10196 of 2018 have been fully complied with, and therefore, he prays that the Respondents be discharged from the contempt proceedings. 4.
Thus, he submits that the judgment and order passed by the Writ Court dated 28.04.2018 in W.P.(MD)No.10196 of 2018 have been fully complied with, and therefore, he prays that the Respondents be discharged from the contempt proceedings. 4. Ms.Dhanaseeli, learned counsel for the Petitioner, submits that she has received the compliance affidavit filed by the 3 rd Respondent, annexing a copy of their decision dated 16.04.2025. She states that the judgment and order passed by the Writ Court dated 28.04.2018 in W.P.(MD) No. 10196 of 2018 have been complied with. Although the order dated 16.04.2025 mentioned several irrelevant facts, the Respondents have granted approval for the Petitioner's appointment as a Secondary Grade Teacher, with effect from 02.07.2012. However, the Petitioner has not yet received monetary benefits. Therefore, she requests that this Court direct the Respondents to pay the monetary benefits to the Petitioner forthwith. She also states that she has no objection to the Respondents being discharged from the contempt proceedings at this stage. 5. The learned Special Government Pleader assures this Court that the monetary benefits would be disbursed to the Petitioner, after completing other formalities, within a period of two months from today. 6. Considering the submissions made by the learned counsel for the Petitioner and the learned Special Government Pleader for the Respondents, and upon perusal of the order dated 16.04.2025, this Court is satisfied that the Respondents have complied with the judgment and order of the Writ Court dated 28.04.2018 in W.P.(MD)No.10196 of 2018. The learned Special Government Pleader has also assured that the monetary benefits will be disbursed within a period of two months from today. In view of this assurance, this Court deems it appropriate to drop the contempt proceedings. Accordingly, the Respondents are discharged from the contempt proceedings at this stage. 7. In view of the above, the Contempt Petition is disposed of with a direction to the Respondents to disburse the monetary benefits to the Petitioner within a period of two months from today, without fail. The file shall be consigned to the record. There shall be no order as to costs.