Single Judge contempt petition regarding non-compliance of directions in a service dispute. Court found no willful disobedience as the Government had already taken measures. Contempt case closed with no further proceedings.
Contempt proceedings closed as no willful disobedience was found since the Government had already taken necessary measures.
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 15TH DAY OF MARCH 2016/25TH PHALGUNA, 1937
Con.Case(C).No. 16 of 2016 (S) IN WP(C).3391/2015
AGAINST THE NON-COMPLIANCE OF THE JUDGMENT IN W.A.No.1230 OF 2015 IN WP(C) 3391/2015 DATED 09-07-2015
PETITIONER(S)/RESPONDENT NO.1 IN THE WRIT APPEAL/PETITIONER IN THE WRIT PETITION :-
B. SREEKALA, AGED 53 YEARS
W/O.RAMESH BABU R., "PARVANENDU", PERINGARA P.O. THIRUVALLA, PATHANAMTHITTA - 689 108 (HEAD MISTRESS DEVASWOM BOARD HIGHER SECONDARY SCHOOL, THIRUVALLA).
BY ADV. SRI.S.SUBHASH CHAND
RESPONDENT(S)/APPELLANT NO.4 IN THE WRIT APPEAL & RESPONDENT NO.4 IN THE WRIT PETITION :-
P.M. SHEELA, AGED 54 YEARS
DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER THIRUVALLA - 689 101.
BY SPL.GOVERNMENT PLEADER SMT.GIRIJA GOPAL
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 15-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
COC. No.16 OF 2016
APPENDIX
PETITIONER'S ANNEXURES :-
ANNEXURE 1 :- TRUE COPY OF THE JUDGMENT DATED 12.3.2015 THUS PASED BY THIS HON'BLE COURT IN WP(C) No.3391 OF 2015 (Y).
ANNEXURE 2 :- CERTIFIED COPY OF THE JUDGMENT DATED 9.7.2015 PASSED BY THIS HON'BLE COURT IN W.A.No.1230 OF 2015.
ANNEXURE 3 :- TRUE COPY OF THE LETTER DATED 11.8.2015 SUBMITTED BEFORE THE RESPONDENT ABOVE NAMED.
ANNEXURE 4 :- TRUE COPY OF THE DECLARATION DATED 11.8.2015 THUS SUBMITTED BEFORE THE RESPONDENT ABOVE NAMED.
RESPONDENT'S EXHIBITS :-
//TRUE COPY//
P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
Cont. Case (C) No.16 of 2016
Dated this the 15th day of March 2016
J U D G M E N T
Shaffique, J.
This contempt case has been filed alleging non-compliance of the directions issued by this Court in W.A.No.1230 of 2015, which had arisen from W.P.(C) No.3391 of 2015. By virtue of the judgment in the writ petition, the learned Single Judge had directed the respondents to grant approval of the appointment of the petitioner as Headmistress subject to the approval of any seniority list prepared by the Manager. It was also directed that the entire arrears of salary shall be disbursed to the petitioner within a period of three months. The matter was carried in appeal and the Division Bench did not interfere in the said judgment. However, it was observed that the declaration has to be submitted and necessary orders shall be passed after satisfying the other requirements in the Government Order.
Cont. Case (C) No.16 of 2016
-: 2 :-
Hence, we do not find any willful disobedience in the matter so as to continue the contempt proceedings. Accordingly, this contempt case is closed.
Sd/-
ASHOK BHUSHAN
Sd/-
Jvt/16.3.2016
B. Sreekala
P.M. Sheela
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
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