Dr.A.T.Francis vs A.Sakeer Hussain
2021 Latest Caselaw 17517 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
      THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                     CON.CASE(C) NO. 605 OF 2021
                    JUDGMENT IN WP(C) 23929/2020
                              ..........
PETITIONER/PETITIONER:

           DR.A.T.FRANCIS, AGED 59, S/O. THOMAS,
           DEPUTY LIBRARIAN, COLLEGE OF HORTICULTURE,
           KERALA AGRICULTURAL UNIVERSITY (KAU), VELLANIKKARA,
           TRISSUR, RESIDING AT ALOOR HOUSE, PENTA STREET,
           PANANJAKAM, MANNUTHY THRISSUR.

           BY ADVS.SRI.P.V.JAYACHANDRAN
           SRI.NIDHI BALACHANDRAN



RESPONDENT/3RD RESPONDENT:

           A.SAKEER HUSSAIN, AGED 52, S/O. ABDUL KAREEM,
           REGISTRAR, KERALA AGRICULTURAL UNIVERSITY,
           K.A.U POST, VELLANIKKARA, THRISSUR - 680656,
           RESIDING AT AKBAR MANZIL, KARETE, PULIMATH P.O,
           THIRUVANANTHAPURAM.

           BY ADV SRI.ROBSON PAUL


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 COC 605/21                           2




                                JUDGMENT

This case has been filed alleging that the directions issued by this

Court in the judgment dated 06.11.2020 have been violated.

2. However, the learned counsel for the respondent contested that

the afore allegation by saying that this Court had only directed the

respondent to consider and pass orders on the application of the

petitioner, which has been produced as Exhibit P3 in the writ petition and

this has been done through Annexure R-II order. He submitted that even

though the petitioner had requested for Career Advancement Promotions

(CAP) from AGP Stage 3 to Stage 4 and then to Stage 5 under the UGC

Regulations of the year 1996, same has been allowed under the ambit of

UGC Regulations of the year 2006, since the former Regulations would not

help him in any manner. He added that even though the petitioner is to

retire, on attaining the age of superannuation, on 31.08.2021, he will be

given all benefits under the CAP Promotions, for which the University

requires time at least till 31.10.2021.

3. When I consider the afore submissions, it is without doubt that

petitioner cannot now maintain that the judgment of this Court has been

violated, because he has been granted all benefits as have been requested

for by him in Exhibit P3 and further because the learned counsel for the

respondent now affirms that the petitioner will be given all benefits of the

CAP promotions, notwithstanding the fact that he will retire on

31.08.2021.

Thus, recording the afore submissions of the learned counsel for

the respondent, I close this contempt case without any further orders.

Sd/-

Devan Ramachandran, Judge tkv

APPENDIX OF CON.CASE(C) 605/2021

PETITIONER ANNEXURE

ANNEXURE A1 JUDGMENT IN WRIT PETITION(CIVIL)NO. 23929 OF 2020 (M) DATED 06.11.2020.