This is a contempt proceeding wherein the petitioner complained that a High Court judgment directing the Panchayath to consider her regularization claim was disobeyed as it was pending before the Deputy Director.
Contempt case closed. Petitioner directed to seek remedies against the Deputy Director for delay.
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 ANTONY DOMINIC
MONDAY, THE 11TH DAY OF JUNE 2012/21ST JYAISHTA 1934
Con.Case(C).No. 919 of 2009 (S)
AGAINST THE JUDGMENT IN WPC.8072/2005 DATED 26-11-2008
PETITIONER/PETITIONER IN WPC 8072/2005 :
PUSHPALATHA, AGED 38, D/O.KAMALAMMA, ENNAVILA VEEDU, KAKKAVILA P.O. VIA. UCHAKKADA (PART TIME AYAH, KAREDU PANCHAYATH NURSERY SCHOOL, ENNAVILA).
BY ADVS.SRI.R.T.PRADEEP SRI.V.VIJULAL
RESPONDENT/3RD RESPONDENT IN WPC NO. 8072/05 :
SRI.VELAPPAN NADAR, (AGED AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY KARODE GRAMA PANCHAYATH, KARODE.
*ADDL. R2 IMPLEADED
*2. RAJENDRA PRASAD, SON OF DAS, AGED 51 YEARS, SECRETARY, KARODE GRAMA PANCHAYAT, THIRUVANANTHAPURAM DISTRICT.
*IS IMPLEADED AS ADDL. R2 VIDE ORDER DTD. 28/7/2010 IN IA NO. 385/2010.
R1 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 11-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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...2/-
Con.Case(C).No. 919 of 2009 (S)
APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE I : COPY OF JUDGMENT IN WP(C) NO. 8072/05(J) DATED 26-11-2008.
ANNEXURE II : COPY OF COMMUNICATION DATED 5-5-09.
RESPONDENT'S EXHIBITS :
ANNEXURE R2(a) : COPY OF THE DECISION DATED 12.3.2009 OF THE PANCHAYAT COMMITTEE.
ANNEXURE R2(b) : COPY OF THE DECISION NO. III DATED 26.9.2009 OF THE PANCHAYAT COMMITTEE.
ANNEXURE R2(c) : COPY OF THE LETTER NO. A1-4/09 DATED 20.7.2010 ISSUED FROM THE PANCHAYAT TO THE DEPUTY DIRECTOR OF PANCHAYAT.
//TRUE COPY//
P.A. TO JUDGE
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ANTONY DOMINIC,J
C.O.C.No.919 of 2009
Dated this the 11th day of June, 2012
JUDGMENT
By judgment dated 26.11.2009, the respondent Panchayath was directed to consider the case of the petitioner for regularization as Part-time Aya in the Nursery School run by the Panchayath. It is complaining that this judgment has been disobeyed, the contempt case has been filed.
stand taken by the respondent shows that this direction has been complied with.
C.O.C..No.919/2009
: 2 :
Therefore, it is for the petitioner to work out her remedies against the Deputy Director.
With that liberty, the contempt case is closed.
ANTONY DOMINIC, JUDGE
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2 issues framed by the court
Whether the respondent Panchayath is in contempt of the High Court judgment directing consideration of the petitioner's regularization claim pending with the Deputy Director.
Whether the delay in obtaining sanction from the Deputy Director, who is not a party, attracts the order of contempt.
PUSHPALATHA
VELAPPAN NADAR
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
