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2025 DAILYLAW 35407 (MAD)

Dr. Mohammed Osman Pasha and 2 others v. Dr. A. Malar

CONT P/959/2025 · 2025-06-05

Battu Devanand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Cont.P.No.959 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 5/6/2025 C O R A M The Hon'ble Mr.JUSTICE BATTU DEVANAND Contempt Petition No.959 of 2025 1. Dr. Mohammed Osman Pasha 2. Dr.N.Nadeem Afroze 3. P. Yasser Arafath ... Petitioners Vs Dr.A.Malar Joint Director of Collegiate Education Vellore Region Vellore District. ... Respondent PRAYER: Petition filed under Section 11 of Contempt of Courts Act, 1971 to punish the respondent for contempt of Court for having violated deliberately and wantonly the order of this Court dated 20/12/2023 made in W.P.No.26201 of 2021. 1/6 https://www.mhc.tn.gov.in/judis Cont.P.No.959 of 2025 For petitioner ... Mr.I.Kowser Nissar For respondents ... Mr.C.Jayaprakash Government Advocate - - - - - O R D E R This Contempt Petition has been filed to punish the respondent for contempt of Court for having violated the order of this Court dated 20/12/2023 made in W.P.No.26201 of 2021. 2. While allowing the writ petition in W.P.No.26201 of 2021, this Court had directed the respondents therein to disburse the annual increment payable to the petitioners from January 2018 with all other consequential monetary benefits, within a period of eight weeks, from the date of receipt of a copy of the said order. 3. On the date of earlier hearing, this Court is not satisfied with the contention of the learned counsel appearing for the respondent and accordingly, ordered statutory notice on 8/4/2025. 2/6 https://www.mhc.tn.gov.in/judis Cont.P.No.959 of 2025 4. During the course of hearing on 4/6/2025, respondent, who was present before this Court submitted that against the order of the learned Single Judge, they have preferred Writ Appeal. But the respondent could not produce any order of stay granted by the Hon'ble Division Bench. Though this Court is of the prima facie opinion that the respondent has committed willful disobedience of the implementation of the order of this Court and also considering the fact that the respondent is working as a Government servant for 27 years and being a woman Officer, this Court granted time till today. 5. During the course of hearing today, the respondent is present and by placing a copy of the Proceeding dated 4/6/2025 would submit that in compliance of the order of this Court dated 20/12/2023, in W.P.No.26201 of 2021, increments were sanctioned from the period January 2018 with all other consequential monetary benefits. The respondent also submits that consequent to the proceeding dated 4/6/2025, all the monetary benefits will be disbursed to the petitioners within a period of two weeks from today. 3/6 https://www.mhc.tn.gov.in/judis Cont.P.No.959 of 2025 6. The learned counsel appearing for the petitioners submit that though the respondent has issued Proceeding dated 4/6/2025, sanctioning the increment, unless the said amount is credited to the account of the petitioner, it cannot be said that the order of the Court is complied with true letter and spirit. This Court finds force in the argument of the learned counsel appearing for the petitioners. 7. Considering the facts and circumstances of the case and taking into consideration of the Proceeding dated 4/6/2025 issued by the respondent, sanctioning the increment to the petitioners from January 2018 with all consequential monetary benefits and recording the undertaking given by the respondent that all monetary benefits will be credited to the account of the petitioners, within a period of two weeks, this Court is inclined to take lenient view towards the respondent for the delay caused in implementing the order of this Court. 8. Accordingly, this Contempt Petition is closed. However, it is made clear that if the monetary consequential benefits have not been disbursed to the petitioners, within a period of two weeks from today, 4/6 https://www.mhc.tn.gov.in/judis Cont.P.No.959 of 2025 this Contempt case will be automatically restored. Registry is directed to take steps accordingly. 5/6/2025 mvs. Index: Yes/No Neutral citation: Yes/No BATTU DEVANAND, J 5/6 https://www.mhc.tn.gov.in/judis Cont.P.No.959 of 2025 mvs. Contempt Petition No.959 of 2025 5/6/2025 6/6 https://www.mhc.tn.gov.in/judis