Kerala High Court

Adarsh S.Jijo vs Sri.Rajeev Sadanandan on 29 October, 2021

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                        CON.CASE(C) NO. 1273 OF 2017
 AGAINST THE JUDGMENT IN WPC 26187/2016 DATED 27.01.2017 OF HIGH
                         COURT OF KERALA, ERNAKULAM
PETITIONER/S:

    1        ADARSH S.JIJO
             AGED 22 YEARS, S/O.JIJO K.KUTTAPPAN, SABU GARDENS,
             KAKKANUGHAL, KATTAKKADA PO, THIRUVANANTHAPURAM-695 572.

    2        ABHIJITH J.R.
             AGED 19 YEARS, S/O.JANARDHANAN CHETTIYAR, KADAYIL
             HOUSE, KODUVZHANNOOR PO, THIRUVANANTHAPURAM-695 612.

             BY ADV SRI.V.K.PEERMOHAMED KHAN



RESPONDENT/S:

    1        SRI.RAJEEV SADANANDAN
             PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILYW
             WELFARE, SECRETARIAT, THIRUVANANTHAPURAM.

    2        DR.RAMLA BEEVI, W/O.DR.ABDUL KHADAR, DIRECTOR OF
             MEDICAL EDUCATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

             BY SRI. JACOB E. SIMON, GP




     THIS    CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 1273 OF 2017
                                       -2-



                               JUDGMENT

This contempt petition is filed complaining that the directives

contained in the judgment dated 27.01.2017 in W.P.(C).No.26187/2016, is

not complied with. On 22.10.2021, it was submitted by learned

Government Pleader that an affidavit is filed on behalf of the respondents.

It was accordingly that the case is posted today.

2. Today an affidavit is placed before this Court along with

Annexure.R2(c) order dated 06.10.2021, passed by the Director of Medical

Education, Thiruvananthapuram, the 2 nd respondent herein, from where,

I am satisfied that the Director of Medical Education has complied with

the directions issued to the said official and has forwarded the proceedings

to the State Government for appropriate sanction and approval.

3. In that view of the matter, I am of the view that, though belatedly,

directions issued by this Court is complied with. For sake of convenience

and brevity, Annexure R2(c) is extracted hereunder. CON.CASE(C) NO. 1273 OF 2017

PROCEEDINGS OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM

Present Dr. Remla Beevi A

Medical Education Service - Planning - CC No.1273/2017 in WP(C) No.26187/2016 fled by Sri. Adarsh S Jijo and others - Jugment dated; 27/01/2017 - Complied - Orders issued.

Read :1. Judgment dtd; 27/01/2017 in WP(C) No.26187/2016 of the Hon'ble High Court of Kerala

2. This Office letter No. P2-11194/2016/DME Dtd; 01/03/2017

3. This office letter of even No. Dtd; 21/03/2017

4. Govt letter No.100/B2/2017/H&FWD Dtd; 17/04/2017

5. This Office letter No. P2-11194/2016/DME Dtd; 01/06/2017

6. Govt letter no.225/B2/2017/H&FWD Dtd; 21.10.2017

7. This office letter No. P2-11194/2016/DME Dtd; 27/11/2017

8. This office letter No.DME/5857/2021/P2 Dated: 24.09.2021.

****************************************************** ORDER No.P2-2853/2013/DME Date: 06.10.2021 ******************************************************

The Hon'ble High Court of Kerala has disposed off the Writ Petition (C) No. 26187/2016 vide judgment dated CON.CASE(C) NO. 1273 OF 2017

27.01.2017 directing the 2nd Respondent (DME) to take on board Ext P3 and consider the same as per Ext. 5 recommendation made by the 3rd Respondent (The Principal, Government Medical College, Thivananthapuram) and attain finality to the same within two months from the date of receipt of a copy of the judgment. It was also directed that if any concurrence is required by the 2 nd Respondent from the 1st Respondent (Govt) necessary application shall be filed by the 2nd Respondent before the 1st Respondent and attain concurrence also within the time frame.

The certified copy of the judgement dtd; 27/01/2017 in WP (C) No.26187/2016 was received in this office on 21.02.2017, as such the time limit for the execution of the directions of the Hon'ble court was up to 21.04.2017. In pursuance of the directions in the judgement dtd 27/01/2017 in WP (C) No.26187/2016 a proposal for the creation of two posts of Perfusionist (Teaching), i.e., one post each at Government Medical College, Thiruvananthapuram and Kozhikode was furnished to Govt vide letter read as 2 nd paper above, since Govt is the sole authority to issue sanction for the creation of posts. However, Government had returned the proposal during March 2017, for retransmitting along with the proforma and check list for the post creation. Subsequently the concerned Principals were instructed to furnish a fresh proposal for the creation of post of CON.CASE(C) NO. 1273 OF 2017

perfusionist in their institution. In light of the said judgement, the necessity of creating posts of perfusionist (teaching) in this Department were brought to the notice of Govt vide letter 3rd cited

However, vide letter read as 4th paper above Govt had directed to submit a fresh proposal for the creation of post of perfusionist after rectifying, defects pointed out in the proposal. Accordingly, after the receipt of proposals from the Principals of Govt Medical College, Thiruvananthapuram and Kozhikode a fresh proposal for the creation of posts was submitted to Govt vide letter read as 5th paper above. Subsequently Government vide letter read as 6th paper above had sought certain clarifications on the proposal and the requisite details were furnished to Govt vide letter read as 7th paper above. In the meantime, it had been requested to the Hon'ble High Court of Kerala to grant extension of time limit prescribed in the judgment for a period of 10 months from 20.04 2017 and the same was allowed by the Hon'ble High Court vide order dated 30.01.2018 in WP (C) No. 26187 of 2016.

Later, vide letter No.225/B2/2017-H&FWD (B) Govt had directed DME to furnish the proposal for fixing the qualification for the post of Perfusionist (Teaching). Later, vide letter read as 8th paper above, the proposal for fixing CON.CASE(C) NO. 1273 OF 2017

qualification for the post of Perfusionist (Teaching) was submitted to Govt and the same is under the active consideration of Govt. Government is the only authority to take decision in the matter of post creation in all Government departments and without the consent/concurrence of Government the under signed is not in a position to move forward in the matter. In the above circumstances, the representation submitted by the applicants considered by this respondent, examined the same with utmost sincerity and furnished proposal to Government. The same is under active consideration of Government. The Judgment dtd 27.01.2017 in WP (C) No. 26187/2016 of the Hon'ble High Court of Kerala is complied with accordingly.

Therefore, I find no reason to pursue the contempt petition any

further and closed accordingly.

Sd/-

SHAJI P.CHALY JUDGE

uu 29.10.2021 CON.CASE(C) NO. 1273 OF 2017

APPENDIX PETITIONER'S EXHIBITS;

ANNEXURE A1 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT

RESPONDENT'S EXHIBITS

ANNEXURE R2(a) TRUE COPY OF THE LETTER NO.225/B2/2017 H&FWD

ANNEXURE R2(b) TRUE COPY OF THE LETTER NO.DME/5857/2021/P2 DATED 24.09.2021

ANNEXURE R2(c) TRUE COPY OF THE PROCEEDINGS NO.P2-