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2025 DIGILAW 2812 (MAD)

A. Johnson Irudhayaraj v. K. Amutha

2025-07-08

SHAMIM AHMED

body2025
ORDER : (SHAMIM AHMED, J.) This Contempt Petition has been filed to punish the contemnor/respondent for wilfully disobeying and not complying with the order of this Court passed in W.P(MD) No.18654 of 2019, dated 04.10.2019. 2. Heard Ms.A.Amala, learned counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondent. 3. This Court, vide judgment and order dated 04.10.2019, had disposed of the aforesaid writ petition with the following directions:- “8. From the materials on record, it is seen that the appointment of the petitioner was approved, subject to the result of the Writ Petition in W.P.(MD)No.15334 of 2017, filed by the fifth respondent. This Court, by an order, dated 7.3.2019, directed the respondents to grant approval for appointment to the petitioner at the earliest. The third respondent instead of granting approval or ratifying the approval granted earlier, has cancelled the order of approval. The impugned order, cancelling the approval, is not only contrary to the order of this Court, dated 07.03.2019 in W.P(MD)No.15334 of 2017, but also in deliberate violation of the order of this Court. Unless the order of this Court, dated 7.3.2019, is set aside by a Division Bench or by the Hon'ble Apex Court, the third respondent is bound to obey the order of this Court and grant approval for appointment to the petitioner. 9. For the above reason, the impugned order passed by the third respondent in Na.Ka.No.579/a2/2019, dated 14.08.2019, is quashed and the third respondent is directed to approve the appointment of the petitioner and release the salary to the petitioner together with arrears. 10. With the above observations, this Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. ” 4. The learned counsel for the petitioner submits that despite the judgment and order passed by this Court in W.P.(MD)No.18654 of 2019, dated 04.10.2019, the respondent has not complied with the directions of this Court and has wilfully and deliberately flouted the order passed by this Court and is in contempt of the order of this Court dated 04.10.2019. Thus, he should be summoned and punished by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971 . 5. Thus, he 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 respondent has filed an affidavit of compliance of the respondent, dated 08.07.2025, annexing a copy of the decision taken by the respondent, dated 29.09.2023, along with a copy of E.C.S. Date report for Annexure – II for the month of September, 2023, in which it has been stated that the direction issued by this Court, vide order dated 04.10.2019, in W.P.(MD) No.18654 of 2019 has been fully complied with and the arrear amount of Rs.14,93,017/- has already been paid to the petitioner. A copy of the compliance affidavit filed by the respondent, dated 08.07.2025 has been produced before this Court, which is now 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 respondent may be discharged from the present contempt proceedings, as the judgment and order of this Court in W.P.(MD) No.18654 of 2019, dated 04.10.2019 has been fully complied with by the respondent, vide order dated 29.09.2023. 6. Ms.Amala, learned counsel for the petitioner submits that she has received a copy of the compliance affidavit filed by the respondent, dated 08.07.2025, annexing a copy of the decision taken by the respondent dated 29.09.2023 along with a copy of E.C.S. Date report for Annexure – II for the month of September, 2023 and has no objection, if the respondent is discharged from the contempt proceedings, as the judgment and order of this Court dated 04.10.2019 has been complied with by the respondent, vide order dated 29.09.2023. She further submits that the petitioner has also been granted total arrear amount of Rs.14,93,017/-. 7. She further submits that the petitioner has also been granted total arrear amount of Rs.14,93,017/-. 7. Accordingly, in view of the submissions made by the learned counsels for the parties and after perusal of the judgment and order made in W.P.(MD) No.18654 of 2019, dated 04.10.2019 and the compliance affidavit filed by the respondent, dated 08.07.2025, annexing a copy of the decision taken by the respondent dated 29.09.2023 along with a copy of E.C.S. Date report for Annexure – II for the month of September, 2023 and also considering the fact that the petitioner has been granted the entire arrear amount to the tune of Rs.14,93,017/-, this Court satisfied that the direction issued by this Court in W.P.(MD) No.18654 of 2019, dated 04.10.2019 has been fully complied with by the respondent and thus, no useful purpose will be served in continuing the present contempt proceedings against the respondent. 8. Accordingly, the Contempt Petition is finally disposed of and the respondent is discharged from the present contempt proceedings. No costs. The file is consigned to record.