Dismissed¶25

S.Joice Emmimal, v. G.Muthuraj

Madras HC4 Jun 2025CONT P(MD)/2906/2024

Case brief

AI extract

What is this about?

Contempt petition closed; approval of appointment of writ petitioner (teacher); wilful disobedience; order dated 09.08.2024 in W.P(MD) No.29042 of 2023; compliance order dated 08.05.2025; appointment w.e.f. 01.02.2025 versus grievance for effect from 05.12.2017; no positive direction for backdating; District Educational Officer (Elementary) Valliyur; Block Educational Officer Radhapuram; Tirunelveli District; School Management proposal; Section 11 Contempt of Courts Act; liberty to challenge order dated 08.05.2025; R. Vijayakumar J.; Madurai Bench of Madras High Court; CONT.P(MD)No.2906 of 2024.

What did the court decide?

Liberty granted to the writ petitioner to challenge the order dated 08.05.2025, if she is so advised; no punishment imposed on the contemnors and the Contempt Petition stands closed. ¶25

S.Joice Emmimal, Vs G.Muthuraj — Contempt of Court | Madras HC (2025)

What the court decided

AI extract

Outcome

Liberty granted to the writ petitioner to challenge the order dated 08.05.2025, if she is so advised; no punishment imposed on the contemnors and the Contempt Petition stands closed.

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Issue for consideration

Whether the respondents (District Educational Officer, Valliyur and Block Educational Officer, Radhapuram) committed wilful disobedience/violation of the orders of this Court dated 09.08.2024 in W.P(MD) No.29042 of 2023 directing consideration of the School Management's proposal for approval of appointment of the writ petitioner. +1 more

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Court's answer

In compliance of the order of this Court dated 09.08.2024 in W.P(MD) No.29042 of 2023, the authorities have passed an order on 08.05.2025 approving the appointment of the writ petitioner with effect from 01.02.2025.

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Ratio / Principle

Since no positive direction was issued to approve the appointment from the date of initial appointment, the Court was inclined to close the Contempt Petition, granting the writ petitioner liberty to challenge the order dated 08.05.2025, if she is so advised.

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Key takeaways

This Contempt Petition stands closed.ratio¶25

Detailed headnote1 paragraphs

Contempt Petition under S.11 of the Contempt of Courts Act by S.Joice Emmimal against the District Educational Officer (Elementary), Valliyur and the Block Educational Officer, Radhapuram (Tirunelveli District), alleging wilful disobedience of the order dated 09.08.2024 in W.P(MD) No.29042 of 2023, whereby this Court had directed the authorities to consider the School Management's proposal for approval of the writ petitioner's appointment. The authorities, in compliance, passed an order on 08.05.2025 approving the appointment with effect from 01.02.2025; the writ petitioner's grievance was that approval should have been with effect from 05.12.2017 onwards. Holding that no positive direction had been issued to approve the appointment from the date of initial appointment, the Court (R. Vijayakumar J., Madurai Bench, 04.06.2025) closed the Contempt Petition with liberty to the writ petitioner to challenge the order dated 08.05.2025, if so advised.

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Cont P(MD).No.2906 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 04.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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CONT.P(MD)No.2906 of 2024 in

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W.P(MD) No.29042 of 2023

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S.Joice Emmimal ... Petitioner/Petitioner

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Vs-

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G.Muthuraj, District Educational Officer, (Elementary) Valliyur, Tirunelveli District.

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N.Mathi Block Educational Officer, Radhapuram, Tirunelveli District. ... Contemnors / Respondents

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PRAYER : Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondents herein for their wilful disobedience of the order of this Court in W.P(MD) No.29042 of 2023, dated 09.08.2024.

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For Petitioner : Mr.V.Panneer Selvam

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https://www.mhc.tn.gov.in/judis

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Cont P(MD).No.2906 of 2024

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For Respondents : Mr.R.Baskaran Additional Advocate General, Assisted by Mr.T.Amjadkhan Government Advocate ORDER

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The present Contempt Petition has been filed alleging violation of

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the orders of this Court dated 09.08.2024 made in W.P(MD) No.29042 of 2023, wherein, this Court has directed the authorities to consider the proposal submitted by the School Management for approval of appointment of the writ petitioner.

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2. In compliance of the order of this Court, the authorities have passed an order on 08.05.2025, approving the appointment of the writ petitioner with effect from 01.02.2025. However, it is the grievance of the writ petitioner that her appointment should have been approved with effect from 05.12.2017 onwards.

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3. Considering the fact that no positive direction was issued to approve the appointment from the date of initial appointment this Court is inclined to close the Contempt Petition with liberty to the writ petitioner to challenge the order dated 08.05.2025, if she is so advised.

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https://www.mhc.tn.gov.in/judis

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Cont P(MD).No.2906 of 2024

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4. Recording the same, this Contempt Petition stands closed.

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04.06.2025

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Index : Yes/No Internet : Yes/No NCC : Yes/No ebsi