The Kerala High Court disposed of a contempt petition alleging violation of a 1998 order regarding a peon's appointment. The court observed the petitioner had to move the department or file a writ, then closed the case while leaving the remedy open.
The contempt petition is closed; petitioner advised to move department or file writ.
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 HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Con.Case(C).No. 487 of 2009(S) -----------------------------AGAINST THE JUDGEMENT IN OP.17707/1998 Dated 15/09/1998 ....................
PETITIONER(S): ---------------
R.S. PROMOD KUMAR, S/O. LATE R. SREEDHARAN PILLAI, SREE NILAYAM, PALLICKAL P.O., NOORANADU VIA, PATHANAMTHITTA.
BY ADV. SMT.SARAH SALVY SMT.ANITHA M.N.
RESPONDENT(S): ---------------
T.S. PADMAKUMARI, THE MANAGER, P.U.S.P. M.H. SCHOOL, PALLICKAL P.O., VIA NOORANADU, PIN -04, PATHANAMTHITTA.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. Ramachandran Nair, J.
- - - - - - - - - - - - - - - - - - - - - - - - C.O.(C) No.487 of 2009
- - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June, 2009.
JUDGMENT
Alleging that the directions issued by this court in Annexure A judgment dated 15.9.1998 are being violated, this Contempt of Court Case is filed. The substantial contention raised by the petitioner is that in Annexure A judgment this court directed the first respondent to consider the petitioner's claim for appointment as Peon under the dying in harness scheme. The present complaint is that in spite of submission of various representations, his claim is not being considered and a new vacancy has arisen. It is up to the petitioner to move the department concerned or to file a separate writ petition seeking for appropriate reliefs.
Leaving open the above remedy of the petitioner, the Contempt of Court Case is closed.
(T.R. Ramachandran Nair, Judge.)
kav/
R.S. Promod Kumar
T.S. Padmakumari
T.R. Ramachandran Nair
As recorded by the court registry
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