Dismissed

Rajesh Kumar.T. v. Alkesh Kumar Sharma and Another

Kerala HC13 Dec 2011Con.Case(C)/1267/2011

Case brief

AI extract

What is this about?

Petitioner petitioned for contempt alleging non-compliance with a previous judgment regarding his appointment. The Single Judge held that the respondents had complied with the direction to consider the case and that the petitioner's remedy lay in challenging the resulting order. The contempt case was closed without prejudice to his right to challenge.

What did the court decide?

Contempt case closed.

Rajesh Kumar.T. Vs Alkesh Kumar Sharma and Another — Contempt of Court | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

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TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933

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Con.Case(C).No. 1267 of 2011(S)

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--------------------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.16761/2011 Dated 30/06/2011

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PETITIONER(S): PETITIONER IN THE WRIT PETITION

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---------------------------------------------------------------

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RAJESHKUMAR T., AGED 42 YEARS, S/O. K. NARAYANANKUTTY, KOOTTALA HOUSE, THORAPALAYAM, PALAKKAD (UPPER DIVISION CLERK, DISTRICT INDUSTRIES CENTRE, PALAKKAD).

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BY ADV. SRI.K.P.BALAGOPAL

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RESPONDENT(S): RESPONDENT NOS. 1 & 2 IN THE WRIT PETITION

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-------------------------------------------------------------------------------

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1. ALKESH KUMAR SHARMA, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. T.O. SOORAJ, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, DIRECTOR, INDUSTRIES AND COMMERCE DEPARTMENT,VIKAS BHAVAN,THIRUVANANTHAPURAM-695001.

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BY GOVT. PLEADER SRI. S. JAMAL

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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svs

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COC. NO. 1267/2011

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE 1:COPY OF THE JUDGMENT DATED 30/06/2011 IN WPC. NO.16761/2011-U ON THE FILE OF THE HONOURABLE HIGH COURT OF KERALA.

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ANNEXURE 2:COPY OF THE ORDER DATED 08/08/2011 ISSUED BY THE 2ND RESPONDENT.

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ANNEXURE 3:COPY OF THE SENIORITY LIST DATED 17/05/2011.

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RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.A. TO JUDGE.

svs

S. Siri Jagan, J.

=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=

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Cont. Case (C) No. 1267 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13^th day of December, 2011.

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J U D G M E N T

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The petitioner complains of non-compliance with the directions in Annexure I judgment. I that judgment, I directed the respondents to consider the case of the petitioner for appointment in accordance with the findings in the judgment quoted in my judgment. Pursuant to the same, Annexure II order has been passed, wherein, it has been started thus:

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“Promotion of Sri. Rajeshkumar .T, Upper Division Clerk, District Industries Centre, Palakkad to the post of Junior Cooperative Inspector will be considered as and when his turn for promotion arises in accordance with his seniority in the category of Upper Division Clerk. This order is issued in compliance with the direction contained in the judgment dated 30.06.2011 in W.P (C) No. 16761/11.”

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The petitioner submits that that decision is wrong and the petitioner is entitled for appointment.

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Insofar as I have directed only to consider the case of the petitioner and the same has been considered by Annexure II order, I am of opinion that the petitioner's remedy lies in challenging that order appropriately if, according to the petitioner, the decision is wrong. Therefore, without prejudice to that right, this contempt case is closed.

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Sd/- S. Siri Jagan, Judge.

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Tds/

Rajesh Kumar.T. v. Alkesh Kumar Sharma and Another

Case brief

What is this about?

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Rajesh Kumar.T. v. Alkesh Kumar Sharma and Another

Case brief

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