A contempt petition alleging non-compliance with an interim order directing the respondent to rearrange the petitioner's staff status based on seniority was disposed of by finding no case for contempt made out.
Contempt case closed; parties directed to raise contentions in the main pending writ petition.
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
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
MONDAY,THE5THDAYOFJUNE2023/15THJYAISHTA,1945
CON.CASE(C) NO. 480 OF 2023
AGAINST THE ORDER/JUDGMENTWP(C) 29378/2019 OF HIGH COURT OF KERALA
PETITIONER/S:
DINCYDAVIS,
AGED34YEARS
W/O.JOGYISSAC,
FULLTIMEMENIAL,MATHAHIGHSCHOOL,
MANNAMPETTA,THRISSURDISTRICT,PIN-680325
BYADVS.
GEORGEABRAHAM
JOBYDJOSEPH
MARYCATHERINEPRIYANKAP.S.
RESPONDENT/S:
1A.P.M.MOHAMMEDHANISHI.A.S
SECRETARYTOGOVERNMENT,
GENERALEDUCATIONDEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001
2 SUNITHA S GEORGE, UNDER SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950013JOYADAMBUKULAM,
AGED63YEARS
CORPORATEMANAGER,
CORPORATEEDUCATIONALAGENCY,
ARCHDIOCESEOFTRICHUR,THRISSUR,PIN-680005
BYADVTONYGEORGEKANNANTHANAM
SMTNISHABOSESRPP
THISCONTEMPTOFCOURTCASE(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON05.06.2023,THECOURTONTHESAMEDAYDELIVERED
THEFOLLOWING:
CON.CASE(C)NO.480OF2023
2
JUDGMENT
The instant Contempt Case is preferred alleging non-compliance with the directions issued by this Court in the interim order dated 22.12.2022.
“Having regard to the submissions advanced by the learned counsel on both sides and going by the additional affidavit filed by the Management as well the counter affidavit filed by the 4th respondent, as an interim measure, there will be a direction to the 1st respondent to consider the entire matter and issue necessary direction to the Manager for rearranging the petitioner either as teaching staff or non-teaching staff in the management in terms of the seniority list as when the vacancy arises in the management. Appropriate orders, as directed above, shall be passed within a period of six weeks.”
CON.CASE(C)NO.480OF2023
3
with the directions issued in the interim order, the learned Government
pleader asserts that the order passed by this Court was complied with in its letter and spirit.
made out as the concerned respondent has passed an order in terms of the directions issued by this Court.
CON.CASE(C)NO.480OF2023
4
This Contempt case is accordingly closed. The parties are directed to
raise all their contentions in the main petition.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
CON.CASE(C)NO.480OF2023
5
APPENDIX OF CON.CASE(C) 480/2023
PETITIONER ANNEXURES
Annexure A |
A COPY OF THE GOVERNMENT ORDER NO. G.O.(RT)5081/2011/G.EDN. DATED 17/11/2011 |
|---|---|
Annexure B |
A COPY OF THE JUDGMENT IN W.P. (C) NO. 3237/2012DATED 21/10/2016 |
Annexure C |
A COPY OF THE JUDGMENT IN WRIT APPEAL NO. 111/2017DATED 21/12/2018 |
Annexure D |
A COPY OF THE JUDGMENT DATED 29-7-2019 IN THEREVIEW PETITION NO. 167/2019 |
Annexure E |
A COPY OF THE JUDGMENT IN CONTEMPT OF COURT CASENO.1051/2019 DATED 19/8/2019 |
Annexure F |
A CERTIFIED COPY OF THE INTERIM ORDER PASSED BYTHIS HON'BLE COURT IN W.P. (C ) NO. 29378/2019DATED 22/12/2022 |
Annexure G |
. A COPY OF THE JUDGMENT IN R.P. NO. 89/2023 DATED25/1/2023 PASSED BY THIS HON'BLE COURT |
Annexur H |
A COPY OF THE G.O.(RT) NO.810/2023/G.EDN. DATED30/1/2023 ISSUED BY THE GOVERNMENT |
1 issue framed by the court
Whether the respondent passed an order in compliance with the interim direction issued by this Court regarding the petitioner's seniority and rearrangement?
Dincy Davis
A.P.M. Mohammed H. A. S
Sunitha S George
Joy Adambukulam
Nisha Bose
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court