Disposed

Abdunaseer P.P v. T.K.Jose

Kerala HC15 Jun 2021Con.Case(C)/615/2021

Case brief

AI extract

What is this about?

The Court closed contempts against the Government of Kerala and related departments holding petitioners (Court Managers) liable for non-compliance with a Supreme Court judgment, finding that a subsequent government order had substantially complied with the directions.

What did the court decide?

Contempt proceedings were closed as the Government had substantially complied with the Supreme Court's directions by regularising the petitioners' services.

Abdunaseer P.P Vs T.K.Jose — Constitutional and Fundamental Rights | Kerala HC (2021)

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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 15^TH DAY OF JUNE 2021 / 25TH JYAISHTA, 1943

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CON.CASE(C) NO.615 OF 2021

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COMMON JUDGMENT IN WP(C) 1629/2020 OF HIGH COURT OF KERALA DATED 29.1.2021

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PETITIONERS/PETITIONER Nos.1 TO 3 IN THE WRIT PETITION :-

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1 ABDUNASEER P.P., AGED 47 YEARS S/O.PACKER HAJI, POOKATTUPURAYIL, KODUVALLY, KOZHIKODE - 673 572 WORKING AS COURT MANAGER, PRINCIPAL DISTRICT AND SESSIONS COURT, MANJERY, KACHERIPPADI, MALAPPURAM - 676 121.

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2 MANOJ G, AGED 53 YEARS S/O.LATE GOPALAKRISHNA PANICKER, KALIYILZHIKATHU, NEAR KRISHNA KOVIL, THOLICODE P.O, KOLLAM - 691 333 WORKING AS COURT MANAGER, PRINCIPAL DISTRICT AND SESSIONS COURT, COURT ROAD, KOZHIKODE - 693 032.

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3 NIKHIL M. SARATH, AGED 34 YEARS S/O.SARA CHANDRAN, MANIMANDIRAM, MELARANOOR, KARMA, THIRUVANANTHAPURAM - 695 002 WORKING AS COURT MANAGER, PRINCIPAL DISTRICT SESSIONS COURT, AYYANTHOLE P.O, THRISSUR - 679 576

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BY ADVS. SMT.K.K.PREETHA SRI.R.K.PRASANTH

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RESPONDENT/1ST RESPONDENT IN THE WRIT PETITION :-

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T.K.JOSE

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(FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER) ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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BY SRI.N.MANOJ KUMAR, STATE ATTORNEY

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2021 ALONG WITH COC No.731/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Cont. Case(C) Nos.615 & 731 of 2021 -: 2 :-

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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 15^TH DAY OF JUNE 2021 / 25TH JYAISHTA, 1943

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CON.CASE(C) NO.731 OF 2021

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COMMON JUDGMENT IN WP(C) 1893/2020 OF HIGH COURT OF KERALA DATED 29.1.2021

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PETITIONERS/PETITIONERS IN WRIT PETITION :-

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1 KALA B.S., AGED 46 YEARS W/O.S.BENCY, COURT MANAGER, DISTRICT COURT, ERNNAKULAM.

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2 ANSARI K., AGED 44 YEARS S/O.K.M.KAMARUDEEN, COURT MANAGER, DISTRICT COURT, PATHANAMTHITTA.

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3 S.SERGI DAS, AGED 48 YEARS, S/O.D.SIVADAS, COURT MANAGER, DISTRICT COURT, KOLLAM.

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4 K.HARIKUMAR NAMBOOTHIRI, AGED 49 YEARS S/O.K.N KRISHNAN NAMBOOTHIRI, COURT MANAGER, DISTRICT COURT, KOTTAYAM.

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BY ADVS.

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SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN

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RESPONDENTS :-

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1 SRI.T.K.JOSE, IAS AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS, SECRETARY TO GOVERNMENT OF KERALA, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001

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2 SRI.RAJESH KUMAR SINGH, IAS AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS, ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001

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BY SRI.N.MANOJ KUMAR, STATE ATTORNEY

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2021 ALONG WITH COC No.615/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Cont. Case(C) Nos.615 & 731 of 2021 -: 3 :-

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JUDGMENT

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Heard the learned counsel for the petitioners and the

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learned State Attorney appearing for the respondents.

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It is submitted by the learned State Attorney that G.O.(Ms) No.102/2021/HOME dated 05/06/2021, has been issued by the Government, creating the posts of Court Managers in the District Courts and regularising the services of the petitioners against the said posts in the scale of pay of Rs.42,500-87,000 (pre-revised).

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In the above view of the matter, the directions contained in the judgments stand substantially complied with. These Contempt of Court Cases are closed. The further benefits, if any, due to the petitioners will follow.

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Sd/- ANU SIVARAMAN, JUDGE

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SVP

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Cont. Case(C) Nos.615 & 731 of 2021

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-: 4 :-

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APPENDIX OF CON.CASE(C) 615/2021

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PETITIONER ANNEXURE

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ANNEXURE A1 CERTFIED COPY OF THE JUDGMENT DATED 29-1-2021 IN WP(C) NO. 1629/2020(R) OF THE HON'BLE HIGH COURT OF KERALA.

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Cont. Case(C) Nos.615 & 731 of 2021

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-: 5 :-

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APPENDIX OF CON.CASE(C) 731/2021

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PETITIONER ANNEXURE

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ANNEXURE A TRUE COPY OF THE ORDER NO. B1-66563/2014 DATED 25-08-2014 ISSUED BY THE 3RD RESPONDENT ANNEXURE B TRUE COPY OF THE ORDER DATED 2-08-2018 OF THE HON'BLE SUPREME COURT IN ALL INDIA JUDGES ASSOCIATION CASE 2010(14) SC 705 ANNEXURE C TRUE COPY OF THE JUDGMENT DATED 29-01-2021 IN W.P(C) NO. 1893/2020 OF THIS HON'BLE COURT. ANNEXURE D TRUE COPY OF THE LETTER VIDE NO. 3345/OPINION E1/2021/LAW DATED 10-02-2021 OF THE LAW SECRETARY.

Abdunaseer P.P v. T.K.Jose

Case brief

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Abdunaseer P.P v. T.K.Jose

Case brief

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