Disposed

Nasiya N v. Dr.v.Venu I.A.S

Kerala HC1 Apr 2022Con.Case(C)/1732/2021

Case brief

AI extract

What is this about?

The court closed a contempt petition arising from non-compliance of an order directing the petitioner to be treated as appointed in July 2015 instead of July 2017. The respondent Government Pleader submitted that the appointment and bill revisions had been effected, satisfying the court's earlier directive.

What did the court decide?

Contempt case ordered to be closed due to compliance with the earlier order.

Nasiya N Vs Dr.v.Venu I.A.S — Contempt of Court | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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FRIDAY, THE 1^ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944

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CON.CASE(C) NO. 1732 OF 2021

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ARISING OUT OF THE JUDGMENT IN WP(C) NO.146/2020 DATED 1.2.2021

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PETITIONER/PETITIONER:

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NASIYA N ASSISTANT PROFESSOR,MUSLIM EDUCATION SOCIETY MAMPAD COLLEGE,MAMPAD COLLEGE P.O,MALAPPURAM-676542 (AGED 31,W/O NAMEER P,NECHIKKAT HOUSE,CHERUVADI P.O, MAVOOR (VIA),KOZHIKODE)

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BY ADV K.S.MADHUSOODANAN

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RESPONDENTS:

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1 DR.V.VENU I.A.S AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, ADDITIONAL CHIEF SECRETARY, REPRESENTING STATE OF KERALA, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001

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2 V.VIGNESHWARI IAS AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695033

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3 DR.P.HARIDASAN AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE,673001

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SMT.NISHA BOSE, GOVERNMENT PLEADER

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

CO(C) No.1732/2021

JUDGMENT

By judgment dated 1.2.2021 the order of the Government changing the date of appointment of the petitioner instead of July 2015 to July 2017 was set aside. This Court, noticing that the order was not complied with, despite the fact that the contempt petition was filed in October, 2021, was on 28.03.2022 impelled to cause the concerned contemnor to appear in the court. Aforesaid order reads thus:

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“In pursuance of the order dated 21.03.2022 Dr.P.Haridasan, Deputy Director of Collegiate Education – respondent No.3 is present in court and an affidavit opposing the prayer of the petitioner; in other words, attempted to sit over the order of this Court, whereby the period of appointment was ordered to be treated with effect from July, 2015 instead of 2017. Even a writ appeal filed against the aforementioned order was dismissed. Dr.Haridasan has undertaken to this Court for compliance of the order by Friday, failing which, this Court will start the procedure as provided under Section 14 of the Contempt of Courts Act, 1972 by serving a charge sheet on the contemnor. Post this matter on 01.04.2022. 3rd respondent is directed to be present in court on that day, if the order is not complied with, as undertaken by him.”

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Smt.Nisha Bose, learned Government Pleader, submits that order

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dated 31.3.2022 has been passed whereby the appointment of the petitioners has been treated as on 2015 and simultaneous directions have been issued to the Principal, MES Mampad College on the same date for sending the bills for the revised period in respect of the petitioners within two days to comply with the judgment with a hope

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CO(C) No.1732/2021

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that the Principal would comply with the directions and send the documents to the Deputy Director for countersigning and release of the salary.

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In this view of the matter, Contempt Case is ordered to be closed.

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Sd/AMIT RAWAL JUDGE

csl

CO(C) No.1732/2021

APPENDIX

PETITIONER'S DOCUMENTS:

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ANNEXURE I : COPY OF THE JUDGMENT IN WP(C) NO.146/2020 DATED 1.2.2021.

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ANNEXURE II : COPY OD A.D. CARDS RECEIVED BY THE RESPONDENTS. ANNEXURE III: COPY OF THE ORDER BEARING NO.U.O.NO.5852/2021/ADMN. DATED 1.6.2021. ANNEXURE IV : COPY OF THE LAWYER NOTICE TO THE RESPONDENTS DATED 3.9.21 WITH POSTAL RECEIPTS. ANNEXURE V : COPY OF THE A.D. CARD RECEIVED BY THE 3RD RESPONDENT DATED 6.9.2021.

Nasiya N v. Dr.v.Venu I.A.S

Case brief

What is this about?

What did the court decide?

Nasiya N v. Dr.v.Venu I.A.S

Case brief

What is this about?

What did the court decide?

What the court decided

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