A contempt petition alleging failure to comply with the High Court's judgment in W.P.(C).No.29411/2016 was disposed of as closed after the Government submitted affidavits confirming compliance via G.O(Rt.) No.1033/2017/G.Edn. and a circular issued on 3.6.2017.
Contempt Petition No.411 of 2017 disposed of as 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 MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 19TH DAY OF JUNE 2017/29TH JYAISHTA, 1939
Con.Case(C).No. 411 of 2017 (S)
---------------------------------------------(AGAINST THE JUDGMENT IN WP(C).NO. 29411/2016 DATED 05-09-2016)
PETITIONER/PETITIONER IN THE WP(C) :
REKHA N.R., AGED 33 YEARS, W/O ARUN, L.P.S.A., A.U.P.S., AMBALAPAD, KUNDUKKAD P.O., THRISSUR-680 028.
BY ADVS.SRI.ELVIN PETER P.J. SRI.K.R.GANESH
RESPONDENT/ 1ST RESPONDENT IN WPC:
SMT. USHA TITUS, (HUSBAND'S NAME AND AGE NOT KNOWN TO THE PETITIONER), SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY GOVERNMENT PLEADER SRI.SAIGI JACOB PALATTY
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 19-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
COC.NO.411/2017
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEXURE A1 | COPY OF THE APPOINTMENT ORDER DATED 1/6/2007 OF THE PETITIONER. |
|---|---|
| ANNEXURE A2 | COPY OF THE G.O(P) NO.199/2011/G.EDN DATED 1/10/2011 ISSUED BY THE GOVERNMENT. |
| ANNEXURE A3 | COPY OF THE ORDER NO.60930/J2/11/G.EDN DATED 25/10/2011 ISSUED BY THE GOVERNMENT. |
| ANNEXURE A4 | COPY OF THE ORDER DATED 6/12/2011 ISSUED BY THE AEO, WADAKKANCHERRY. |
| ANNEXURE A5 | COPY OF THE G.O.(P).NO.171/2009/G.EDN DATED 22/8/2009 ISSUED BY THE GOVERNMENT. |
| ANNEXURE A6 | COPY OF THE JUDGMENT DATED 21/5/2015 IN WP(C). NO.2576/2012 OF THIS HON'BLE COURT |
| ANNEXURE A7 | COPY OF THE ORDER NO.D.DIS.C/2238/2015 (5) DATED 11/01/2016 ISSUED BY THE AEO, WADAKKANCHERRY. |
| ANNEXURE A7(A) | COPY OF THE ORDER NO.D.DIS.C/2238/2015(1) DATED 11/01/2016 ISSUED BY THE AEO, WADAKKANCHERRY. |
| ANNEXURE A7(B) | COPY OF THE ORDER NO.D.DIS./C/2238/2015(2) DATED 11/01/2016 ISSUED BY THE AEO, WADAKKANCHERRY |
| ANNEXURE A8 | COPY OF THE JUDGMENT DATED 4/4/2016 IN WP(C). NO.13019/2016 OF THIS HON'BLE COURT |
| ANNEXURE A9 | COPY OF THE ORDER NO.F2/20391/2016/DPI/K.DIS DATED 7/7/2016 ISSUED BY THE DPI. |
| ANNEXURE A10 | COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT ON 12/8/2016 |
| ANNEXURE A10(A) | COPY OF THE STAY PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT ON 12/8/2016 |
| ANNEXURE A11 | COPY OF THE ORDER NO.C-2238/15/K.DIS DATED 26/8/2016 ISSUED BY THE AEO, WADAKKANCHERRY |
| ANNEXURE A12 | COPY OF THE JUDGMENT DATED 5/9/2016 IN WP(C). NO.29411/2016 OF THIS HON'BLE COURT |
| RESPONDENT'S AN | NEXURES: |
| ANNEXURE 1 | CIRCULAR NO.443034/JI/2013 G.EDN DATED 03/06/2017 /TRUE COPY/ |
P.S.TO JUDGE
sts
ALEXANDER THOMAS, J.
==================
Contempt of Court Case (Civil).No. 411 of 2017
================== Dated this the 19th day of June, 2017 J U D G M E N T
The above Contempt of Court Case (Civil) has been instituted alleging non-compliance of the directions issued by this Court in Anx.12 judgment rendered on 5.9.2016 in W.P.(C).No.29411/2016 filed by the petitioner herein.
“Learned Senior Government Pleader submits on the basis of instructions from the respondent Government Secretary that in compliance with this Court's order dated 3.4.2017 in this Contempt petition, the Government has reconsidered the matter and has recalled the order dated 28.3.2017 and has passed a fresh Government Order dated 7.4.2017 granting the benefit of the petitioner, in full compliance with this Court's Annexure 12 judgment dated 5.9.2016 in W.P.(C) No.29411 of 2016. The respondent Government Secretary will also file a detailed affidavit in the contempt petition and should also state as to whether the Government has issued a circular directing all the Educational Authorities including the DPI to strictly comply with the dictum laid down by the Full Bench in Thresia v. Preethy reported in 2014 (4) KLT 837 (FB). This should be done in case the said Full Bench judgment still holds the field and has not been overruled or reversed in the manner known to law. A copy of the said circular issued by the Government should also be annexed to the said affidavit before the next posting date.”
C.O.C.411/17 - : 2 :-
Government order, G.O(Rt.)No.1033/2017/G.Edn. dated 7.4.2017, in compliance with this Court's directions in Anx.12 judgment. Thereafter what remains to be done by the Government was the issuance of a circular regarding the strict compliance of the Full Bench judgment in Thresia v. Preethy reported in 2014 (4) KLT 837 (FB), as directed in the said order. Now an additional affidavit dated 13.6.2017 has been filed by the respondent officer, wherein it has been stated that Anx.1 circular No.443034/J1/2013/G.Edn. dated 3.6.2017, has been issued by the Government giving instructions to the educational officers concerned to ensure that the categories of LPSAs and UPSAs cannot be combined together and further that necessary incorporation will be made in the KER after completing all the requisite formalities and also directing the DPI to put up proposal for the incorporation of the above guidelines in the KER immediately.
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Sd/ALEXANDER THOMAS, JUDGE
///True Copy///
P.S. to Judge
C.O.C.411/17 - : 3 :-
1 issue framed by the court
Whether the contempt petition alleging non-compliance of court directions in W.P.(C).No.29411/2016 should be closed following the issuance of specific Government Orders and Circulars.
Colour shows how this judgement treated each authority
Thresia v. Preethy reported in 2014 (4) KLT 837 (FB)Referred¶27
2 provisions across 2 enactments
Rekha N.R.
Usha Titus
Alexander Thomas
Other Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
