The Court disposed of a contempt case alleging non-compliance with a judgment, finding that the relevant authority had sought government approval for post creation and noting the matter remained pending.
Contempt case closed; right to pursue post creation before Government preserved.
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 A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 4TH DAY OF JANUARY 2016/14TH POUSHA, 1937
CON.CASE(C).NO. 1757 OF 2015 (S) IN WP(C).19527/2015
WP(C) 19527/2015 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER IN WRIT PETITION (C)
ANOOP M.S. ,AGED 35 YEARS S/O.P.MURALIDHARAN HIGHER SECONDARY SCHOOL TEACHER (COMPUTER APPLICATION) S.V.H.S.S CLAPPANA, KOLLAM DISTRICT RESIDING AT ANUPAM, THAZHAM, KARIMPINPUZHA KOLLAM DISTRICT.
BY ADV. SRI.V.MADHUSUDHANAN
RESPONDENT/2ND RESPONDENT IN THE WRIT PETITION (C):
SHRI.K.N.SATHEESH (NAME AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANANTHAPUAM - 695 001
BY . GOVERNMENT PLEADER SMT. LILLY K.T.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C).NO. 1757 OF 2015 (S) IN WP(C).19527/2015
APPENDIX
PETITIONERS EXHIBITS:
ANNEXURE-I CERTIFIED COPY OF THE JUDGMENT DATED 30.6.2015 OF THIS HON'BE COURT IN W.P.(C) NO.19527/15
ANNEXURE-II COPY OF THE LETTER NO.ACD.C3/30304/15/HSE DATED 7.10.2015 OF THE RESPONDENT TO THE PETITIONER
RESPONDENTS EXHIBITS:
ANNEXURE A: COPY OF THE ORDER DATED 7.10.2015
ANNEXURE B:COPY OF THE LETTER DATED 7.10.2015 ISSUED BY THE RESPONDENT ADDRESSED TO ADDITIONAL CHIEF SECRETARY, GENERAL EDUCATION DEPARTMENT.
/TRUE COPY/
P.A. TO JUDGE
SKV
A.K.JAYASANKARAN NAMBIAR, J.
Con. Case (C).NO.1757 OF 2015 (S) ----------------------------------Dated this the 4th day of January, 2016
J U D G M E N T
By a memo filed by the Government Pleader, Annexure A order dated 7.10.2015 of the Director of Higher Secondary Education has been produced showing that the representation preferred by the petitioner has been disposed by finding that the claims raised by the petitioner regarding HSST Junior English and HSST Computer Application is genuine. It is also seen that the Director of Higher Secondary Education has submitted a request to the Government for creation of posts pertaining to HSST Junior English and HSST Computer Application (Up gradation) and that the said matter is pending consideration before the Government. Annexure B is the said proposal put up by the Director before the Government. Taking note of Annexures A and B documents produced along with the memo filed by the Government Pleader, I find that the direction in the judgment dated 30.6.2015 in W.P.(C).No.19527/2015 has been complied with, and, hence, the Contempt of Court case is closed without prejudice to
Cont.Case No.1757/2015
2
the right of the petitioner to pursue the matter regarding creation of posts before the Government.
A.K.JAYASANKARAN NAMBIAR JUDGE
prp/4/1/16
Anoop M.S.
Shri.K.N.Satheesh
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
