Ayswarya P.A vs Annexure R1(A) True Copy Of The ...
2021 Latest Caselaw 2399 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

             Con.Case(C).No.50 OF 2021 IN WP(C). 27220/2020

AGAINST THE ORDER/JUDGMENT IN WP(C) 27220/2020(B) OF HIGH COURT OF
                              KERALA


PETITIONER:

               AYSWARYA P.A.
               AGED 30 YEARS
               W/O AJITH P S,
               RESIDING AT PATHACK HOUSE,
               PUTHUSSERIMALA P O, RANNI, PATHANAMTHITTA-689672.

               BY ADV. DR.THUSHARA JAMES

RESPONDENT

               AJAYAN,
               AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
               RESIDING AT KARTHIKA,
               RANNI P O, VAIKOM-689672.

               R1 BY ADV. SRI.V.A.MUHAMMED
               R1 BY ADV. SRI.M.SAJJAD

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Con.Case(C)50/2021 IN WP(C).27220/2020

                                    2

                              JUDGMENT

This contempt case has been filed on the

allegation that, in spite of the directions

of this Court dated 18/12/2020 in

W.P(C)No.27220 of 2020, the petitioner has

not been reinstated in service nor paid her

salary.

2. However, the learned counsel

appearing for the respondent, Shri.M.Sajjad,

submits that an additional affidavit has been

filed on record, wherein, Exts.R1(d) and

R1(e) have been produced, as per which, the

petitioner has been reinstated in service and

paid her salary for the month of December,

2020. He submitted that the petitioner will

be paid her salary in future also without any

break, subject to the result of the writ

petition.

3. When I go through Exts.R1(d) and

R1(e), it is evident that the petitioner has Con.Case(C)50/2021 IN WP(C).27220/2020

been reinstated and paid salary for the month

of December, 2020. Of course, Smt.Thushara

James, learned counsel for the petitioner,

submits that salary for the months of April

and May, 2020 have not yet been paid and that

her client has not been given duties which

commensurate to her position.

4. However, I am of the view that these

matters will have to be impelled by the

petitioner in the writ petition itself and

that it will not be possible for this Court

to speak affirmatively on this in a Contempt

of Court case.

This contempt case is, therefore, closed,

recording the afore submissions of the

learned counsel for the respondent.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/23.1.2021 Con.Case(C)50/2021 IN WP(C).27220/2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-I TRUE COPY OF THE INTERIM ORDER DATED 07/12/2020 IN WPC NO.27220/2020.

ANNEXURE-II TRUE COPY OF THE INTERIM ORDER DATED 09/12/2020 IN WPC 27220/2020.

ANNEXURE-III TRUE COPY OF THE LATEST TIMETABLE LIST FOR DUTY ALLOTMENT.

ANNEXURE-IV TRUE COPY OF THE LETTER DATED 14/12/2020 ACKNOWLEDGED BY THE STAFF OF THE RESPONDENT.

ANNEXURE-V TRUE COPY OF THE INT4RIM ORDER DATED 18/12/2020 IN WPC NO.27220 OF 2020.

ANNEXURE-VI TRUE COPY OF THE JUDGMENT IN CON.CASE(C).

NO.2105/2020 DATED 18/12/2020. RESPONDENT'S/S EXHIBITS:

ANNEXURE R1(A) TRUE COPY OF THE ORDER NO.A/SNAC/04/2021 DATED 6.1.2021 OF THE MANAGER.

ANNEXURE R1(B) TRUE COPY OF THE DUTY ASSIGNED TO THE PETITIONER VIDE LETTER NO.A/SNAC/08/2021 DATED 19.1.2021 ISSUED BY THE PRINCIPAL.

ANNEXURE R1(C) TRUE COPY OF THE LETER DATED 19.1.2021 ADDRESSING THE PRINCIPAL BY THE PETITIONER.

ANNEXURE R1(D) TRUE COPY OF THE LETTER NO.A/SNAC/10/2021 DATED 19.1.2021ISSUED BY THE PRINCIPAL TO THE PETITIONER.

ANNEXURE R1(E) TRUE COPY OF THE COMMUNICATION VIDE LETTER NO.A/SNAC/09/2021 DATED 19.1.2021 ISSUED BY THE MANAER TO THE PETITIONER.