In a contempt proceeding regarding a petitioner's appointment approval, the High Court declined to adjudicate on the merits of the lower order. The Court exercised its jurisdiction strictly, dismissing the contempt petition.
Contempt case closed without orders; liberty reserved to challenge the impugned appointment order appropriately.
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 DEVAN RAMACHANDRAN
TUESDAY, THE 15TH DAY OF MARCH 2022 / 24TH PHALGUNA, 1943
CON.CASE(C) NO. 74 OF 2022
AGAINST THE JUDGMENT IN WP(C) 24406/2019 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER IN WPC:
SALINI CHANDRAN
AGED 37 YEARS
D/O.K.RAMACHANDRAN NAIR, HSA (PHYSICAL SCIENCE), V.V.S.HIGH SCHOOL, MANNUTHY, THRISSUR DISTRICT, PIN - 680 561.
BY ADV PAULSON THOMAS
RESPONDENT/4TH RESPONDENT IN WPC:
MANOJ KUMAR P.V.
FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, DISTRICT EDUCATIONAL OFFICER, PALACE ROAD, THRISSUR, PIN - 680 001.
OTHER PRESENT:
SMT. MABLE .C .KURIAN SR.G.P
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 74 OF 2022
2
J U D G M E N T
The allegation of the petitioner is that inspite of the directions in the judgment of this Court dated 29.07.2021, her appointment has been approved through, Annexure A2, by the respondent only on daily wage basis and on not Scale-of-Pay basis.
2 . Sri.Paulson Thomas, learned counsel appearing for the petitioner, explained that the proposal given before the respondent was for approval of his client's appointment on Scale-of-Pay basis and therefore, that Annexure A2 declining the same, without assigning any reason, is illegal and unlawful and contrary to the intent of this Court.
3 . I am afraid that I cannot find favour with the afore submissions of Sri.Paulson Thomas, particularly because this is only a Contempt Case.
4 . What I mean to say is that, if Annexure A2 is wrong, it would not be up to this Court, while acting in this jurisdiction, to consider its merits and the petitioner must challenge it appropriately.
5 . This is more so because, in Annexure A1 judgment, I had only directed reconsideration of the proposal for approval of the appointment of the petitioner with effect from 31.12.2018, but did not say in what manner it has to be done.
CON.CASE(C) NO. 74 OF 2022
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In the afore circumstances, reserving liberty to the petitioner to challenge Annexure A2 appropriately, I close this Contempt Case without any further orders.
I make it clear that I have not considered any of the contentions of the rival parties on its merits and that all of them are left open to be pursued appropriately in future.
SD/-
DEVAN RAMACHANDRAN JUDGE
rp
CON.CASE(C) NO. 74 OF 2022
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APPENDIX OF CON.CASE(C) 74/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE CERTIFIED COPY OF THE JUDGMENT IN WP(C) NO.24406/2019 DATED 29/07/2021. Annexure A2 TRUE COPY OF THE ORDER NO.B4/4438/2021/K.DIS. DATED 10/12/2021. Annexure A3 TRUE COPY OF THE ORDER OF THE DEO NO.B4/222/19/K.DIS. DATED 31/01/2019 CHALLENGE IN THE WRIT PETITION AND SET ASIDE IN ANNEXURE A1 JUDGMENT. Annexure A4 TRUE COPY OF THE ORDER OF THE DD NO.B3/4864/19 DATED 17/05/2019 CHALLENGE IN THE WRIT PETITION AND SET ASIDE IN ANNEXURE A1 JUDGMENT. Annexure A5 TRUE COPY OF THE CIRCULAR NO.58604/J2/12/G.EDN. DATED 06/11/2012. Annexure A6 TRUE COPY OF THE STAFF FIXATION ORDER NO.B4/4450/2018 DATED 28/06/2018.
1 issue framed by the court
Whether the High Court can consider the merits of an order declining appointment in a contempt proceeding or must the petitioner challenge it separately.
Salini Chandran
Manoj Kumar P.V.
Devan Ramachandrnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
