Disposed

Moossa a.P.K., v. Saseendra Vyas

Kerala HC12 Nov 2019Con.Case(C)/49/2019

Case brief

AI extract

What is this about?

In this contempt petition, the Court held that the legality of the re-option rejection must be addressed in separate proceedings as it is not traceable to the specific directions contained in the judgment below. The contempt case was accordingly closed.

What did the court decide?

The Contempt of Court Case is closed; the second petitioner is at liberty to challenge the order of rejection in appropriate proceedings.

Moossa a.P.K., Vs Saseendra Vyas — Service and Employment | 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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TUESDAY, THE 12TH DAY OF NOVEMBER 2019 / 21ST KARTHIKA, 1941

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Con.Case(C).No.49 OF 2019 IN WP(C). 30275/2017

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JUDGMENT IN WP(C) 30275/2017(H) OF HIGH COURT OF KERALA DATED 12.1.208

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----------------

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PETITIONERS :-

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1 MOOSSA A.P.K., AGED 39 YEARS, S/O.MOIDU HAJI, AKKAM PEEDIKAKKANDIYIL, MUDAVANTHERI P.O., THUNERI - 673 505 (HIGH SCHOOL ASSISTANT (ARBIC), RAMAVILASAM HIGHER SECONDARY SCHOOL, CHOKLI, KANNUR DISTRICT - 670 672).

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2 SUNESH K.P., AGED 45 YEARS S/O.NANU M., KALARIKETTIYA PARAMBATH, KAKKATTIL P.O., VATAKARA VIA, KOZHIKODE - 673 507 (UPSA, RAMAVILASAM HIGHER SECONDARY SCHOOL, CHOKLI P.O., KANNUR DISTRICT - 670 672).

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3 ANEESH C.K., AGED 41 YEARS, S/O.KELAPPAN C.K. SREEDEVI NIVAS, EDACHERI P.O., VATAKARA VIA - 673 502 (UPSA, RAMAVILASAM HIGHER SECONDARY SCHOOL, CHOKLI P.O., KANNUR DISTRICT - 670 672).

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4 AJESH R., AGED 40 YEARS, S/O.R.BHASKARAN, PARVATHI SADAN, CHERUVANCHERY P.O., CHITTARIPPARAMBA 6705650 (UPSA, RAMAVILASAM HIGHER SECONDARY SCHOOL, CHOKLI, KANNUR DISTRICT-670672).

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BY ADV. SRI.POOVAMULLE PARAMBIL ABDUL KAREEM

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Con.Case(C).No.49/2019

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-: 2 :-

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RESPONDENTS/RESPONDENTS No.4 & 6 IN THE WRIT PETITION :-

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1 SASEENDRA VYAS, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS), DISTRICT EDUCATIONAL OFFICER, THALASSERY - 670 101.

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2 K.M. PREETHA, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS), HEAD MASTER, R.V.HIGHER SECONDARY SCHOOL, CHOKLI, KANNUR DISTRICT - 670 672. SR. GP. SRI.S.GOPINATHAN

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 12.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No.49/2019

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-: 3 :-

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JUDGMENT

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The learned counsel for the petitioners concedes that the monetary benefits in respect of all the petitioners, except the 2^nd petitioner in the contempt of court case, has been released. In respect of the 2^nd petitioner, it is submitted that the respondents have refused to accept the re-option exercised by the petitioners on absolutely untenable grounds. Learned counsel for the petitioners submits that the rejection of the re-option by Annexure R1(b) communication issued on 19.8.2019 itself amounts to contempt of the directions issued by this Court.

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The learned Government Pleader has placed affidavits on record and it is pointed out that the re-option of the 2^nd petitioner had been rejected on grounds unconnected with the directions contained in the judgment.

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Having considered the contentions advanced, I am of the opinion that the legality of the rejection of the re-option exercised by the 2^nd petitioner is a matter which has to be taken up in separate proceedings, since it is not specifically traceable to the directions contained in Annexure A1 judgment. The contentions of the 2^nd petitioner with regard to the exercise of re-

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Con.Case(C).No.49/2019

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-: 4 :-

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option by him are left open. The 2^nd petitioner will be at liberty

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to challenge the orders passed in Annexure R1(b) in appropriate proceedings.

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The Contempt of Court Case is accordingly closed.

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Sd/ANU SIVARAMAN JUDGE

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Jvt/15.11.2019

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Con.Case(C).No.49/2019

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-: 5 :-

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APPENDIX

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PETITIONER'S ANNEXURES :-

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ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 12.1.2018 OF THE HON'BLE HIGH COURT IN WPC.30275/2017. ANNEXURE A2 TRUE COPY OF THE ORDER NO.B3/8252/2017/K.DIS DATED 13.8.2018 PASSED BY THE 1ST RESPONDENT.

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RESPONDENTS' ANNEXURES :- NIL

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//TRUE COPY//

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P.A. TO JUDGE

Moossa a.P.K., v. Saseendra Vyas

Case brief

What is this about?

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Moossa a.P.K., v. Saseendra Vyas

Case brief

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