The Kerala High Court dropped contempt proceedings against the Government of India. The court held that the respondent, having passed an order considering the petitioner's representation within a stipulated time, did not willfully disobey earlier directions in a writ petition regarding post upgradation.
Contempt proceedings are dropped.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN
THURSDAY, THE 7TH JUNE 2007 / 17TH JYAISHTA 1929
Con.Case(C).No. 340 of 2007(S)
-----------------------------AGAINST THE JUDGEMENT IN WPC.27830/2005
PETITIONER/RESPONDENT
S.ASOK KUMAR, AGED 45 YEARS, S/O.SEKHARAN NAIR, JUNIOR LIBRARIAN, CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, RESIDING AT "RAHULAM", BEHIND LMS GODOWN, KUNNUMPURAM, KAKKANAD, KOCHI-682 030.
BY ADV. SRI.T.C.GOVINDA SWAMY
RESPONDENT/IST PETITIONER:
SHRI.SATHYANANDA MISHRA, AGED (NOT KNOWN), S/O..(NOT KNOWN TO THE PETITIONER), SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSION (DEPARTMENT OF PERSONNEL & TRAINING), NEW DELHI.
BY SHRI P. PARAMESWARAN NAIR, ASSISTANT SOLICITOR GENERAL
ADV. SRI.JOHN VARGHESE, ASSISTANT SG
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
H.L. DATTU, C.J. & K.T. SANKARAN, J.
...................................................................................
CONTEMPT CASE (C)No.340 OF 2007 ................................................................................... Dated this the 7th June, 2007
J U D G M E N T
H.L. Dattu, C.J.:
This Court, while disposing of the Writ Petition (C ) No. 27830 of 2005 by judgment dated 26th October, 2005, had issued the following directions:
“If a representation is filed by the respondent as above before the first petitioner-Secretary to Government , Government of India, we direct that they should consider the same and take an expeditious decision on the representation. In any case, the decision has to be communicated, preferably after hearing him, within a period of three months from the date of receipt of such representation, and if feasible, on the basis of the expertise the Government has already gathered from the report of the Review Committee.”
herein has passed an order dated 22nd March, 2007 on the representation filed by the petitioner herein . In that, they have stated as under:
“(a) As the existing RRs for the post of Jr. Librarian do not match the RRs prescribed for upgradation of the post to the pay scale of Rs. 5500-9000, the request of Shri S.
CONTEMPT CASE (C)No.340 OF 2007
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Asok Kumar, Jr. Librarian in this regard cannot be accepted as had been verbally explained to him during the course of personal hearing on 08.05.2006.
(b) As regards specific proposal for creation/upgradation of the posts as a result of implementation of the Review Committee on Library Staff for the libraries of various benches of CAT, a view has since been taken by the Government that the norms issued in July 1990 are over 16 years old and need to be reviewed in the light of various developments including extensive use of IT related technologies in various libraries . It has accordingly been decided that such proposals should await recommendations of the 6th Central Pay Commission, which has since been constituted and may be looking into this aspect. Therefore such proposals being received from various Ministries/Departments of Government are not being processed by Department of Expenditure”.
CONTEMPT CASE (C)No.340 OF 2007
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has passed an order . If, for any reason, the petitioner is aggrieved by the order so
passed, the petitioner ought to have filed an appeal before the appropriate forum.
Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE.
K.T. SANKARAN, JUDGE.
lk
2 issues framed by the court
Whether the respondent committed contempt for failing to process the petitioner's representation on time.
Whether contempt proceedings should be initiated against the respondent.
S. Asok Kumar
Shri Sathyanananda Mishra
H.L. Dattu
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
