Case Note & Summary
The petitioner, A.Regina, filed a contempt petition under Section 11 of the Contempt of Courts Act, 1971, alleging wilful disobedience of an order dated 07.08.2025 passed by the Madras High Court in W.P.No.29393 of 2025. The order directed the respondents, the Dean and Administrative Officer of Government Medical College & Hospital, Nagapattinam, to consider the petitioner's representation dated 13.06.2025 seeking sanction of 256 days of second maternity leave with all applicable benefits and to pass appropriate orders within two weeks. The learned Government Advocate appearing for the respondents submitted that the representation had been considered and rejected, and the rejection order was communicated to the petitioner. In view of this submission, the court closed the contempt petition, holding that there was no wilful disobedience. However, the court granted the petitioner liberty to challenge the rejection order if so advised. No costs were awarded.
Headnote
A) Contempt of Courts - Wilful Disobedience - Compliance - The respondents complied with the court's order by considering and rejecting the petitioner's representation for maternity leave. The contempt petition was closed as the order was not wilfully disobeyed. The petitioner was granted liberty to challenge the rejection order. (Paras 2-3)
Issue of Consideration
Whether the respondents wilfully disobeyed the court's order dated 07.08.2025 in W.P.No.29393 of 2025 directing them to consider the petitioner's representation for maternity leave.
Final Decision
Contempt petition closed. Petitioner at liberty to challenge the order of rejection if so advised. No costs.
Law Points
- Contempt of Courts Act
- 1971
- Section 11
- Wilful disobedience
- Compliance
- Liberty to challenge rejection
Case Details
2026 LawText (MAD) (01) 245
For Petitioner: Mr.S.Selvaraju; For Respondents: Mr.E.Sundaram, Government Advocate
M.Gayatri, The Dean, Government Medical College & Hospital, Nagapattinam; A.Kuralmani, Administrative Officer, Government Medical College Hospital, Nagapattinam
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Nature of Litigation
Contempt petition for alleged wilful disobedience of court order directing consideration of representation for maternity leave.
Remedy Sought
Petitioner sought punishment of respondents for wilfully disobeying the order dated 07.08.2025 in W.P.No.29393 of 2025.
Filing Reason
Respondents failed to comply with the order to consider petitioner's representation for 256 days of second maternity leave.
Previous Decisions
Order dated 07.08.2025 in W.P.No.29393 of 2025 directing respondents to consider petitioner's representation within two weeks.
Issues
Whether the respondents wilfully disobeyed the court's order dated 07.08.2025 in W.P.No.29393 of 2025.
Submissions/Arguments
Learned Government Advocate submitted that the petitioner's representation had been considered and rejected, and the rejection order was communicated to the petitioner.
Ratio Decidendi
Once the respondents have considered the representation and passed an order of rejection, there is no wilful disobedience of the court's direction, and contempt proceedings are not maintainable. However, the petitioner retains the right to challenge the rejection order on merits.
Judgment Excerpts
This Court, by order dated 07.08.2025, directed the respondents to consider the petitioner’s representation dated 13.06.2025 seeking sanction of 256 days of second maternity leave with all applicable benefits and to pass appropriate orders within a period of two weeks from the date of receipt of a copy of the said order, on its own merits and in accordance with law.
In view of the above submission, this Contempt Petition is closed. However, the petitioner is at liberty to challenge the order of rejection, if so advised.
Procedural History
The petitioner filed W.P.No.29393 of 2025 seeking direction to consider her representation for maternity leave. The court on 07.08.2025 directed the respondents to consider the representation within two weeks. Alleging non-compliance, the petitioner filed Cont.P.No.3452 of 2025. On 22.01.2026, the court closed the contempt petition after being informed that the representation was considered and rejected.
Acts & Sections
- Contempt of Courts Act, 1971: Section 11
