Contempt petition filed against the Respondent Electricity Board for failure to pass final orders directed in a writ appeal. The Court found the Board had referred to an annexure in the passed order, thus no ground to proceed, and closed the application.
The contempt application is closed; the petitioner retains the right to challenge the order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931
Con.Case(C).No. 437 of 2008(S) -----------------------------AGAINST THE JUDGEMENT IN WA.2192/2006 Dated 24/05/2007
PETITIONER(S): PETITIONER
SASIKALA.C., SHED NO. 54/41, GOKULAM VEEDU, PERUMANOOR, KONATHPADY, KOCHI-15.
BY ADV. SRI.S.RAMESH BABU
RESPONDENT(S): -----------------------
SMT.GIRIJA DEVI.D.S., CHIEF ENGINEER, DISTRIBUTION CENTRAL, KERALA STATE ELECTRICITY BOARD, FORESHORE I.B., FORESHORE ROAD, ERNAKULAM.
BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R.RAMAN, Ag.C.J. & C.N.RAMACHANDRAN NAIR, J.
Contempt Case (C) No.437 of 2008
Dated this the 15th day of February, 2010
J U D G M E N T
Raman, Ag.C.J.
. The petitioner herein was a sweeper who has approached this Court seeking a writ of mandamus directing the respondent Board to enable her to continue in service as sweeper and also for other consequential reliefs. The learned Single Judge has disposed of the writ petition holding that if the Kerala State Electricity Board adopts the Government Order, GO(P) No.501/05/Fin. dated 25.11.2005, the direction of the learned Single Judge would not affect her right to claim the benefit of that G.O. for regularisation in service. An appeal was also filed against the said judgment as W.A.No.2192 of 2006. The Division Bench had disposed of the same, by judgment dated 24.5.2007, stating that it is for the Board to take a decision as to whether the Government Order has been made applicable to the Board or not, and accordingly directed the Board to take a decision in the
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COC.No.437 of 2008
matter, within a period of two months from the date of receipt of that judgment. Subsequently, an interlocutory application, I.A.No.606 of 2007, has been filed in the writ appeal and the same was also disposed of by this Court on 30.7.2007, whereby a direction was given to the Board to take into account Annexure A1 order also while passing orders as directed in the writ appeal judgment. Alleging that even after a lapse of reasonable time, the Board has not passed any final orders as directed by this Court in the writ appeal, this contempt application is filed.
now passed, though the same was not passed within the prescribed time limit. According to the learned counsel appearing for the petitioner, Annexure-A1 order referred to in the subsequent order by the Division Bench has not been taken into account while passing the order now produced along with the counter affidavit.
order has been referred to in the body of the order now passed,
COC.No.437 of 2008
3
which is produced as Ext.R1(a). In such circumstances, leaving open the right of the petitioner to challenge the said order, we find, at this stage, no reason to proceed with the contempt application. The contempt application is accordingly closed.
P.R.RAMAN, Ag. CHIEF JUSTICE
C.N.RAMACHANDRAN NAIR, JUDGE
nj.
Sasikala.C.
Girija Devi.D.S.
P.R.Raman
C.N.Ramachandran Nair
As recorded by the court registry
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