Contempt case alleging non-compliance of earlier writ directions on approval of teacher appointments. Government produced the AEO order of compliance, which the petitioner has challenged in a separate pending writ petition; court held nothing survived and closed the contempt case.
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
FRIDAY,THE16THDAYOFFEBRUARY2024/27THMAGHA,1945
CON.CASE(C)NO.551OF2023
AGAINST THE JUDGMENT DATED 13.07.2022 IN WP(C) NO.9907/2021 OF HIGH COURT OF KERALA PETITIONER:
A.SHAKEELA,
AGED39YEARS
BETUPPERPRIMARYSCHOOL,VELICHIKALA.P.O,
KUNDUMANKOLLAM,PIN-691501
BYADVS.
E.S.SONI
R.KRISHNARAJ
KUMARISANGEETHAS.NAIR
RESPONDENTS:
UDAYADEVI
AGEANDNAMEOFTHEFATHERISNOTKNOWNTOTHEPETITIONER
THEASSISTANTEDUCATIONALOFFICER.
KUNDARA,KOLLAM,PIN-691501
BY SMT C S SHEEJA, SR. GP.
THISCONTEMPTOFCOURTCASE(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON16.02.2024,THECOURTONTHESAMEDAYDELIVERED
THEFOLLOWING:
Con.Case.(C).551 of 2023
2
JUDGMENT
This contempt case is filed alleging non-compliance of the directions issued by this Court in judgment dated 13.07.2022 in W.P.C. No. 9907/2021. As per the judgment, this Court has directed the petitioner, who is the Manager of BET Upper Primary School, to submit the proposal of approval of respondents 5 and 6 through Samanwaya, and directions were issued to the AEO to take appropriate action within two weeks. It was also made clear that the issue of seniority between 5 and 6 be left open, and directions were issued to the AEO that the above issue shall not be taken to be a reason for considering the request for approval.
Con.Case.(C).551 of 2023
3
No. 40241/2022, and the same is pending.
the petitioner, initially referred to a judgment rendered by a learned Single Judge of this Court in W.P.(C.) No. 42495/2018 and proceeded to submit that the orders passed by the AEO cannot be
said to be in strict compliance with the directions issued by this Court.
4. Having considered the facts and circumstances, I am
of the view that in terms of the directions issued by this Court, orders have been passed, and the said order has been challenged
by the petitioner in a separate writ petition. In that view of the matter, I am of the view that nothing further survives in this matter. The petitioner may prosecute W.P.(C.) No. 40241/2022
and seek appropriate orders.
This Contempt Case is closed.
SD/-
RAJA VIJAYARAGHAVAN V, JUDGE
DCS
Con.Case.(C).551 of 2023
4
APPENDIX OF CON.CASE(C) 551/2023
PETITIONER ANNEXURES
Annexure A-1 |
TRUECOPYOFTHEREJECTIONORDEROFDATED 28.07.2016 |
THEAEO |
|---|---|---|
Annexure A-2 |
TRUE COPY OF THE APPOINTMENT ORDER OF MR DATED 28.07.2011 |
KHAYIS |
Annexure A-3 |
TRUECOPYOFTHE APPROVAL ORDERS OF AE31.03.2012 |
O DATED |
Annexure A-4 |
TRUECOPYOFTHEAPPEALFILEDBYTHEAGAINST THE ORDERS OF AEO DATED 25.08.201 |
MANAGER6 |
Annexure A-5 |
TRUECOPYOFTHEORDEROFDEOREJECTAPPEAL FILED BY THE MANAGER DATED 11.11.2 |
INGTHE016 |
Annexure A-6 |
TRUECOPYOFTHEREVISIONPETITION07.09.2017 |
DATED |
Annexure A-7 |
TRUE COPY OF THE ORDER OF THE GOVERNMEN07.11.2018 |
T DATED |
Annexure A-8 |
TRUECOPYOFTHE JUDGEMENT IN OF THE JIN WPC NO 42495/2018 DATED 12.01.2021 |
UDGMENT |
Annexure A-9 |
TRUE COPY OF THE PROPOSAL GIVEN BY THE DATED 27.01.2021 |
MANAGER |
Annexure A-10 |
TRUECOPYOFTHEORDEROFTHEAEO15.02.2021 |
DATED |
Annexure A-11 |
TRUECOPYOFTHE REVIEW PETITION FILED MANAGER DATED 22.02.2021 |
BY THE |
Con.Case.(C).551 of 2023
5
Annexure A-12 TRUE COPY OF THE ORDER OF THE AEO REJECTING THE REVIEW PETITION DATED 08.03.2021
AnnexureA-13CERTIFIEDCOPYOFTHEJUDGEMENTINOFTHE
JUDGMENTINWPCNO9907/2021DATED13.07.2022
1 issue framed by the court
Whether the directions in judgment dated 13.07.2022 in WP(C) 9907/2021 were complied with by the AEO.
A. SHAKEELA
UDAYADEVI
THE ASSISTANT EDUCATIONAL OFFICER, KUNDARA, KOLLAM
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court