In a contempt of court petition, the High Court of Kerala was approached to enforce a direction from a 2007 judgment reinstating the petitioner as an employee. The Court observed a minor posting irregularity but concluded no willful contempt occurred, closing the matter without further proceedings.
The Contempt Case is closed.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937
Con.Case(C).No. 1197 of 2009 (S)
AGAINST THE ORDER IN WP(C) 38127/2003 DATED 26-02-2007
PETITIONER/3RD RESPONDENT :
C.S.SANTHAMMA, AGED 56 YEARS, W/O. SIVANANDAN, SREEVALOM VEEDU, PANAVALLY.P.O. ALAPPUZHA.
BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR
RESPONDENT/PETITIONR :
JOSE KURIAN AGED 54 YEARS, S/O. OUSEPH, PULLATTE, POOCHAKKAL.P.O. CHERTHALA, ALAPPUZHA DIST. PRESIDENT PANAVALLY SCB LTD., PANAVALLY.P.O., ALAPPUZHA DIST.
R1 BY ADV. SRI.P.N.MOHANAN
SRI.RAMAPRASAD UNNI.T.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No. 1197 of 2009 (S)
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE II : TRUE COPY OF THE JUDGMENT IN W.A. NO.1034 OF 2007
DATED 23.06.2009.
ANNEXURE III : TRUE COPY OF THE REPRESENTATION DATED 29.08.2009.
ANNEXURE IV : TRUE COPY OF THE INTIMATION DATED 06.08.2009.
ANNEXURE V : TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 08.08.2009.
RESPONDENTS' EXHIBITS:
NIL
/TRUE COPY/
PA TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
Contempt Case (Civil) No. 1197 OF 2009
JUDGMENT
Shaffique, J.
The petitioner has approached this Court alleging contempt on the ground that the directions issued by this Court as per judgment dated 26.02.2007 in W.P.(C) No.38127 of 2003 has not been complied with.
that this Court had only directed that the 3rd respondent be reinstated in service after demoting from the post of Secretary. It was further directed that it should be implemented within one month from the date of production of a copy of the judgment. Further it is stated that appropriate orders on regularisation of the period the employee was kept out of service shall also be passed by the Society.
Contempt Case (Civil) No. 1197 OF 2009
-:2:-
she could not be posted as Assistant Secretary/Accountant as there was no post or vacancy during the relevant time.
that the petitioner was not paid any salary during the relevant time when she was kept out of service. In fact no such direction
had been issued by this Court where as this Court only directed
the respondents to pass appropriate orders in the matter.
With the above observation, the Contempt Case is
closed.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/03/06
1 issue framed by the court
Whether directions issued in a previous writ petition regarding reinstatement of an employee were willfully flouted, amounting to contempt of court.
C.S. Santamma
Jose Kurian
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
