In this Contempt Case, the Court closed the proceedings after the additional 3rd respondent filed an affidavit detailing steps taken to comply with the original direction regarding KERAFED recruitment rules and staff pattern.
The Contempt Case is 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 ANIL K.NARENDRAN
MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942
Con.Case(C).No.609 OF 2019 IN WP(C). 9727/2018
AGAINST THE JUDGMENT IN W.P.(C) NO.9727/2018(M) OF HIGH COURT OF KERALA
PETITIONER:
KRISHNA KUMAR.M.R., AGED 50 YEARS, S/O RAGHAVAN MENON, PAZHANGATT HOUSE, EDAVANAKKAD P.O., KOCHI-682 502.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS:
1 N.RAVIKUMAR, (AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER) THE MANAGING DIRECTOR, THE KERAFED, KERA TOWER, WATER WORKS COMPOUND, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 004. 2 SRI. DEVENDRA KUMAR, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
*ADDL. R3 DR.RETHAN U.KHELKAR, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. * ADDL.R3 IS IMPLEADED VIDE ORDER DATED 22/09/2020 IN I.A.NO.2/2020 IN COC NO.609/2019. R1 BY ADV. SRI.MANU GOVIND ADDL. R3 SRI.HANIL KUMAR,SPECIAL GOVERNMENT PLEADER THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has filed this Contempt Case alleging noncompliance of the direction contained in Annexure I judgment of this Court dated 04.07.2018 in W.P.(C) No.9727 of 2018, whereby that writ petition was disposed of by directing the 1st respondent to consider the fresh proposal made by the 3rd respondent, pursuant to Ext.P2 communication dated 20.03.2017, and finalise the Recruitment Rules for KERAFED, after consulting the 2nd respondent Public Service Commission and with notice to the 3rd respondent. Necessary orders in that regard was directed to be passed, as expeditiously as possible, at any rate, within a period of four weeks from the date of receipt of a certified copy of that judgment.
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an affidavit, explaining the steps already taken to comply with the direction contained in Annexure I judgment of this Court. Paragraphs 5 to 7 of that affidavit read thus;
“5. The proposals submitted by the Managing Director of KERAFED was considered by the Government. In order to comply with the judgment dated 04.07.2018 of the Hon'ble High Court, Government have to approve the staff pattern in KERAFED, since KERAFED has no approved staff pattern. The matter was then placed before the Council of Ministers. The Council of Ministers approved the staff pattern as suggested by the Finance Department. The Government issued G.O.(Ms) No.14/2020/Agri dated 25.01.2020 granting approval of staff pattern of KERAFED. True copy of the above order is produced herewith and marked as Annexure R3(a) . The Government by the above order have approved the Staff Pattern of 290 posts in the KERAFED.
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Draft recruitment rule has to be modified further by satisfying all the official procedures and incorporating the same to the Draft Recruitment Rule to be framed.
Standing Counsel for KERAFED, representing the 1st respondent and also the learned Special Government Pleader appearing for the 3rd respondent.
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Department.
In such circumstances, taking note of the stand taken by the additional 3rd respondent in the affidavit dated 12.10.2020 and also the submission made by the learned Special Government Pleader that the said respondent shall ensure compliance of Annexure I judgment in letter and spirit, once approval is received from the Finance Department, this Contempt Case is closed.
Sd/-
ANIL K. NARENDRAN JUDGE
bpr
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE I TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 9727/2018 DATED 04.07.2018.
ANNEXURE II TRUE COPY OF THE ORDER IN I.A. NO.74/2018 IN ARC NO.84/2018 DATED 20.12.2018.
ANNEXURE III TRUE COPY OF THE PROMOTION ORDER IN RESPECT OF SRI.MOIDEEN K. DATED 14.02.2019.
ANNEXURE IV TRUE COPY OF THE ORDER IN I.A. NO.11/2019 IN ARC NO.20/2019 DATED 06.03.2019.
RESPONDENTS' EXHIBITS:
ANNEXURE R2(A) TRUE COPY OF THE DETAILS OF THE ACTION TAKEN SO FAR BY THIS RESPONDENT. ANNEXURE R2(B) TRUE COPY OF THE ORDER G.O.(MS) NO.14/20/AGRI DATED 25.01.2020.
ANNEXURE R3(A) TRUE COPY OF G.O.(MS) NO.14/20/AGRI DATED 25.01.2020 GRANTING APPROVAL OF STAFF PATTERN OF KERAFED.
Krishna Kumar.M.R.
N.Ravikumar
Sri. Devendra Kumar
Dr. Rethan U. Kelkar
Anil K. Narendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
