A contempt petition was dismissed as the case for contempt failed. The court found force in the respondent's submission that because no vacancy existed, the conditional interim order subjecting the petitioner's rejoining to the existence of a vacancy was not violated.
Contempt matter dismissed; other rights of petitioner in writ appeal left open.
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.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932
Con.Case(C).No. 1230 of 2010(S) ------------------------------------AGAINST THE ORDER IN WA.1391/2010 Dated 18/08/2010
PETITIONER/APPELLANT/PETITIONER
SUMANGALA.K, H.S(HINDI),GOVT.HIGH SCHOOL,PARAVOOR, ALAPPUZHA, NOW ON RELIVED FROM DEPUTATION TO BLOCK RESOURCE CENTRE,S.S.A., ALAPPUZHA.
BY ADV. SRI.M.K.PRADEEPKUMAR
RESPONDENT/3RD RESPONDENT/3RD RESPONDENT
BALAKRISHNAN AGE 54 YEARS & FATHER'S NAME SANKARAN, DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA.
BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS
THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.Chelameswar, C.J. & P.R. Ramachandra Menon, J.
JUDGMENT
Ramachandra Menon, J.
This contempt petition has been filed stating that the direction contained in the interim order dated 18.08.2010
passed by a Bench of this Court has been simply given a go by. The order produced as Annexure A1 shows that the direction was given to the 3rd respondent to permit the petitioner to rejoin duty, if there was any vacancy and pay her salary in accordance with rules. The respondent/contemnor has filed an affidavit stating that there is no vacancy at all and the factual position has been sought to be substantiated by filing the particulars in a tabular form, produced as Annexure R1(a).
appearing for the respondent submits that the petitioner, while working in the concerned school, was sent on deputation to 'Sarva Siksha Abhiyan' and while working so, she sought
COC No.1230 of 2010
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for voluntary retirement and thereafter there was some dispute which led to the proceedings before this Court. It is brought to the notice of this Court that two posts were available in the concerned school where the petitioner was working earlier and one of the two posts happened to be abolished, while another teacher is continuing in the other post. This being the position, there is no vacancy at all, so as to accommodate the petitioner. Since the direction given by this Court as per the interim order is to allow the petitioner to rejoin duty, 'if' there is a vacancy and since there is no vacancy, there is no violation of the interim order, much less any wilful disobedience so as to initiate contempt proceedings, submits learned Senior Government Pleader.
After hearing both sides, we find that there is considerable force in the submissions made from the part of the respondent. We do not think it necessary to proceed further with regard to the alleged act of contempt. Accordingly, interference is declined and the contempt matter
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is dismissed, however, without prejudice to the rights of the
petitioner in pursuing the Writ Appeal.
J.Chelameswar, Chief Justice.
P.R. Ramachandra Menon, Judge.
ttb
1 issue framed by the court
Whether the alleged failure by the Deputy Director of Education to permit the petitioner to rejoin duty and pay salary amounts to contempt of a temporary court order conditioning the direction on the
Sumangala.K
Balakrishnan
J. Chelameswar
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
