IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Thursday, the 26th day of May 2022 / 5th Jyaishta, 1944
IA.NO.1/2022 IN CONTEMPT CASE(C) NO. 1499 OF 2021(S) IN WP(C)134/2021
PETITIONERS/PETITIONERS:
1. DR.JOSE P.A.,S/O AUGUSTINE P.M, AGED 56 YEARS ASSOCIATE
PROFESSOR(RTD), DEPARTMENT OF POLITICAL SCIENCE, NEWMAN COLLEGE,
THODUPUZHA, RESIDING AT PETTAPUZHA HOUSE, KEERIKODE, THODUPUZHA EAST
P.O, IDUKKI DISTRICT, PIN-685585.
2. DR.JOE JACOB,S/O T.S.CHACKO,AGED 56 YEARS, ASSOCIATE
PROFESSOR(RTD), DEPARTMENT OF PHYSICS, NEWMAN COLLEGE, THODUPUZHA,
RESIDING AT THUDIAMPLACKAL HOUSE, THODUPUZHA P.O, IDUKKI DISTRICT,
PIN-685584.
RESPONDENTS/RESPONDENTS:
1. DR.V.VENU IAS, ADDITIONAL CHIEF SECRETARY(IN-CHARGE), DEPARTMENT OF
HIGHER EDUCATION, 4TH FLOOR,ANNEXE II GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. MRS.V.VIGNESWARI IAS, DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695033
3. DR.K.JAYAKUMAR,THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, HOSPITAL
ROAD, NEAR MCRV MENS HOSTEL, ERNAKULAM - 682011
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to reopen the Contempt
of Court Case No.1499 of 2021 which has been disposed of on 11.01.2022 as
the respondents failed to comply with the judgment dated 12.02.2021 in
W.P.(C).No.134/2021 as against the orders issued and submitted before this
Honourable Court.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's
judgment dated 11/01/2022 in COC, and order dated 01/04/2022 in IA
1/22,and order dated 19/05/2022 in COC and upon hearing the arguments of
ADVS.M/S.K.MADHUSOODANAN, T.G.PAUL, MATHEW JACOB (KUNNATHU), SYRIAC
JOSEPH, Advocates for the petitioners in IA/COC and of the Sri.JIMMMY
GEORGE ,GOVERNMENT PLEADER and of ADV.M/S.Chacko C A, C.M.CHARISMA,
Advocates for R3 in IA/COC, the court passed the following:
P.T.O
AMIT RAWAL, J.
=================
I.A.No.1 of 2022 in
COC.No.1499 of 2021
=====================
Dated this the 26th day of May, 2022
ORDER
This Court in the judgment dated 09.02.2021 decided the connected case in terms of the judgment already passed by this Court for removing the anomaly of junior and senior by quashing the order under Challenge. It is stated in the Government order dated 29.11.2021 that for determining arrears on account of stepping up of the pay of the senior teachers to that of junior, it was ordered that should not exceed the amount found to be actually due under the claim for a period of two years immediately preceding the date on which the anomaly was brought to the notice of the Head of the Department. Noticing the aforementioned fact, this Court had called upon respondent No.3 to appear in this Court for the allegation made in the additional affidavit filed by the petitioner was that the principal had submitted the entire documents on 28.01.2022 but the respondent No.3 intentionally kept it as he was to retire on 31.03.2022. Additional affidavit has been filed COC.No.1499 of 2021 2 by the Government producing a fresh order dated 07.01.2022 recalling the order dated 29.11.2021 wherein it has been made clear that the order will apply exclusively to all the judgments pronounced by this Court relating to the junior senior anomaly among the teachers in the aided colleges only. In the additional affidavit, it has also been stated that the revised bill was submitted by the principal only on 05.04.2022 when respondent No.3 who is present in Court had already retired. Thus the allegation in the affidavit qua detention of the papers at the instance of respondent No.3, necessitating this Court to call and appear him, is wholly preposterous and baseless. According to the petitioner, though the arrears have been paid from 2016 onwards, it is under the old pay scale and not the revised one.
Sri.Jimmy George, learned Government Pleader submitted that no other candidate has been given the revised pay scale as the Government has not yet given the benefit of revised pay scale. It will be given as and when the Government takes a call on representation. COC.No.1499 of 2021 3 In this view of the matter, I am of the view that the judgment of this Court stands complied with. Rules stand discharged. Presence of respondent No.3 is also dispensed with. The contempt petition is ordered to be closed.
Sd/-
AMIT RAWAL, JUDGE naksa 26-05-2022 /True Copy/ Assistant Registrar