Kerala High Court
A.K.Anjana vs Smt.Saudamini on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 15TH DAY OF FEBRUARY 2021/26TH MAGHA,1942
Con.Case(C).No.1463 OF 2020 IN WP(C). 33142/2015
AGAINST JUDGMENT DATED 15.03.2019 IN
WP(C) 33142/2015(P) OF HIGH COURT OF KERALA
PETITIONER/PETITIONER:
A.K.ANJANA, AGED 47 YEARS,
WIFE OF RATHEESHKUMAR K.V.,
UPPER PRIMARY SCHOOL ASSISTANT,
S.V.V.HIGHER SECONDARY SCHOOL, PALEMADU,
NILAMBUR, MALAPPURAM DISTRICT-679 331.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENT/4TH RESPONDENT:
SMT.SAUDAMINI, AGE AND FATHERS NAME
NOT KNOWN TO THE PETITIONER,
DISTRICT EDUCATIONAL OFFICER, WANDOOR,
MALAPPURAM DISTRICT-679 328.
BY GOVERNMENT PLEADER SMT. RASHMI K.M.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
COC No.1463/2020
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 15th day of February, 2021
In judgment dated 15.03.2019 in W.P.(C)
No.33142/2015, this Court noted the order dated 16.02.2018
issued by the District Educational Officer and found that the
main grievance of the petitioner stands redressed.
Accordingly, without adjudicating on merits of the case, the
writ petition was disposed of directing the 4th respondent to
take steps to make available the monetary benefits due to the
petitioner from the order dated 16.02.2018 of the DEO, as
expeditiously as possible.
2. This contempt case has been filed by the petitioner
alleging that though she has been paid some benefits
pursuant to the orders of this Court, arrears of salary for the
period from 01.08.2008 to 14.07.2010 were not disbursed to
her and it amounts to contempt of court.
3. The learned Government Pleader opposed the
contempt case filing affidavit on behalf of the 1 st respondent.
COC No.1463/2020
The learned Government Pleader submitted that the
Headmistress of the School examined the attendance register
in respect of the petitioner for disbursing arrears of salary and
it was found that the petitioner has not signed the attendance
register during the period from 01.08.2008 to 14.07.2010.
Therefore, except the arrears of salary for the said period, all
other service benefits were extended to the petitioner.
4. The learned counsel for the petitioner would urge
that this Court has already held in earlier judgments that the
retrenchment of the petitioner from service was unsustainable
and unjustifiable and therefore she will be eligible for the
salary for the aforesaid period even if the petitioner has not
been worked.
5. Heard learned counsel for the petitioner and
learned Government Pleader.
6. By judgment dated 15.03.2019, this Court disposed
of W.P.(C) No.33142/2015 without any adjudication of merits
based on Annexure-I order passed by the DEO. The DEO
has ordered in Annexure-I that the petitioner will be entitled to
COC No.1463/2020
eligible salary for her service from 01.08.2008. The DEO has
found that since the petitioner has not rendered actual service
during the period from 01.08.2008 to 14.07.2010, the
petitioner is not eligible for salary for the said period.
7. This Court finds that the respondent has passed
orders pursuant to the judgment dated 15.03.2019 in W.P.(C)
No.33142/2015. The grievance regarding non-payment of
arrears of salary from 01.08.2008 to 14.07.2010 will have to
be agitated independently. As far as the direction contained in
the judgment in W.P.(C) No.33142/2015 is concerned, this
Court is of the opinion that the direction is substantially
complied with.
Accordingly, leaving open the remedy of the
petitioner to seek arrears of salary for the period from
01.08.2008 to 14.07.2010, this Contempt of Court Case is
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/15.02.2021
COC No.1463/2020
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE I TRUE COPY OF THE ORDER OF THE DEO,
WANDOOR VIDE NO.A3/2426/15 DATED
16.02.2018.
ANNEXURE II CERTIFIED COPY OF THE JUDGMENT IN W.P.
(C)NO.33142/2015 DATED 15.03.2019.
ANNEXURE III TRUE COPY OF THE COMMUNICATION VIDE
LETTER NO.A3/1798/19 DATED 19.11.2019
OBTAINED UNDER THE RIGHT TO
INFORMATION ACT, 2005.
ANNEXURE IV TRUE COPY OF THE COVERING LETTER
NO.7/1996/2020 DATED 19.08.2020.
ncd
