Disposed

Viji Williams v. Aneesh P.B.

Kerala HC14 Oct 2019Con.Case(C)/1160/2018

Case brief

AI extract

What is this about?

In a contempt case alleging non-compliance of a judgment regarding the petitioner's appointment and salary as a school assistant, the court noted that the positive directions had been complied with. As an order approving appointment from 2008-'09 is under challenge in a separate writ, the court closed the contempt case, leaving all contentions for the pending writ. No operative relief was granted.

What did the court decide?

Closed the contempt case; no relief granted.

Viji Williams Vs Aneesh P.B. — Constitutional and Fundamental Rights | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 14TH DAY OF OCTOBER 2019 / 22ND ASWINA, 1941

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Con.Case(C).No.1160 OF 2018(S) IN WP(C). 34938/2014

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AGAINST THE JUDGMENT IN WPC 34938/2014 DATED 09-02-2018 OF HIGH COURT OF KERALA

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PETITIONER:

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VIJI WILLIAMS, WIFE OF C.C.YELDHO MATHOOSE,AGED 31 YEARS,LOWER PRIMARY SCHOOL ASSISTANT,CMUP SCHOOL,THOZHIYOOR,THRISSUR DISTRICT.

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BY ADV. SRI.V.A.MUHAMMED

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RESPONDENT:

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ANEESH P.B.,FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER,THE ASSISTANT EDUCATIONAL OFFICE,CHAVAKKAD,THRISSUR DISTRICT-680506.

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SRI. RON BASTIAN GP

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 14.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No.1160 OF 2018(S)

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JUDGMENT

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Dated this the 14^th day of October, 2019

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This contempt of court case is filed alleging non-compliance of Annexure II judgment dated 09.02.2018. The positive direction in the judgment was to the respondents to approve the appointment of the petitioner as LPSA w.e.f.11.09.2012 and to release the salary due to her.

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It is submitted by the learned Government Pleader, on instructions, that the approval w.e.f. 11.09.2012 has been granted and salary due to her has also been disbursed. There is a further direction contained in the judgment to consider the claim for approval of the petitioner against the post of LPSA which was available in the school from the academic year 2008-09 onwards. The learned Government Pleader submits that an order has been passed pursuant to the judgment approving the appointment of the petitioner from 2008-'09 onwards but only on notional basis. It is stated that the said order is under challenge in W.P.(C) No. 8864 of 2019 before this Court.

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Con.Case(C).No.1160 OF 2018(S)

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In view of the fact that the positive directions contained in the judgment has been complied with and since the order passed with regard to the approval of the appointment from 2008-09 onwards is under challenge, I am of the opinion that the contempt of court case need not be proceeded further. The contempt of Court case is closed leaving open all the contentions to be agitated in the pending writ petition.

Sd/-

ANU SIVARAMAN

JUDGE

kmd

Viji Williams v. Aneesh P.B.

Case brief

What is this about?

What did the court decide?

Viji Williams v. Aneesh P.B.

Case brief

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What did the court decide?

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