Kerala High Court
Praveen S vs Biju Prabhakar Ias on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
CON.CASE(C) NO. 1500 OF 2021
AGAINST THE JUDGMENT IN WA 1047/2021 DATED 13.08.2021 OF HIGH
COURT OF KERALA, ERNAKULAM
PETITIONERS:
1 PRAVEEN S.,
AGED 52 YEARS, S/O. SREEDHARAN N., ANJALI BHAVANAM,
WEST KALLADA P.O., SASTHAMCOTTA, KOLLAM-691500.
2 VASUDEVAN O.,
AGED 53 YEARS, S/O.KORU O., SNEHAMRITHAM,
KATAMPAZHIPURAM P.O., PALAKKAD-678633.
3 SUNIL KUMAR A.K.,
AGED 48 YEARS, S/O. SANKARAN, ACHIDOOLI HOUSE,
AVIDANALLUR P.O., NEDUVANNUR VIA, KOZHIKODE-673614.
BY ADVS.
KALEESWARAM RAJ, VARUN C.VIJAY
MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
BIJU PRABHAKAR IAS,
FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONERS,
MANAGING DIRECTOR, KSRTC, TRANSPORT BHAWAN, EAST
FORT, THIRUVANANTHAPURAM-695023.
BY ADV SHRI.DEEPU THANKAN, SC, KSRTC
OTHER PRESENT:
SRI.DEEPU THANKAN,SC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING
COME UP FOR ADMISSION ON 23.09.2021, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
Con. Case (C) No.1500 of 2021 2
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
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Contempt of Court Case (Civil) No.1500 of 2021
[arising out of the interim order dated 13.08.2021 in W.A No.1047/2021]
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Dated this the 23th day of September, 2021
JUDGMENT
Alexander Thomas , J.
The above contempt of court case has been filed alleging non-
compliance of the directions issued by this Court as per Anx.A1 interim
order dated 13.08.2021 in W.A. No.1047/2021, filed by the petitioners
herein.
2. Heard Sri.Kaleeswaram Raj, learned counsel appearing for
the petitioners in the contempt of court case and Sri.Deepu Thankan,
learned Standing Counsel for the Kerala State Road Transport
Corporation (KSRTC), appearing for the sole respondent in the
contempt of court case.
3. The respondent officer herein has filed a separate affidavit
dated 09.09.2021 in W.A. No.1047/2021 pursuant to the directions
issued by this Court in that appeal on 02.09.2021 that the respondent
officer shall file an affidavit explaining as to whether he has complied
with the directions issued by this Court in the abovesaid interim order
dated 13.08.2021, passed in the abovesaid appeal and if not to show
cause as to why appropriate action should not be taken against him for
disobedience of the court directions. The relevant portion of the said
affidavit dated 09.09.2021 as contained in paragraph Nos.5 to 10
thereof, filed by the respondent officer in the above appeal reads as
follows:-
"5. I received the information about the interim order passed by this
Hon'ble Court only after I left the office on Friday (13/08/2021)
evening. The officials of the Corporation had briefed me that on
all the previous occasions, whenever the Court ordered to report
the vacancies to the Public Service Commission, the Corporation
had to accommodate those persons in the rank list against the
interest of the Corporation by the subsequent orders of the Court.
It was also informed that all those persons who have temporarily
worked in the Corporation after getting appointments through
the Public Service Commission, had subsequently obtained orders
from this Hon'ble Court to regularize the period they worked on a
provisional basis. It was also informed that on all the previous
occasions whenever the court directed to appoint persons from
the rank list, the Corporation had taken up the matter before the
Hon'ble Apex Court and in one such occasions, Hon'ble Supreme
Court had intervened and declared that if there is a genuine
reason, the appointing authority can return the advice memo
issued by Public Service Commission. Therefore, in view of the
earlier stands taken by the Corporation, it was decided that the
above matter should also be taken up before the Hon'ble Apex
Court and I had given my oral consent for the same as it was the
usual exercise.
6. As 14.08.2021 was a second Saturday, it was practically
impossible for the Corporation to report the vacancies on that
day. Therefore, the personal department and Law department of
the Corporation were under the impression that since we already
appointed one person to the post of Guard Grade II based upon a
direction issued by this Hon'ble Court, the rank list would
nevertheless expire on 15.08.2021 itself. But they were also
aware that the interim order if not complied, would amount to
contempt of Court and as that is the least favourable option to
resort to, the officers of Personal and law departments of the
Corporation suggested to take up the matter before the Apex
Court by filing SLP.
7. The fact of not reporting the vacancies in view of the interim
order dated 13.08.2021 ought to have been informed to this
Hon'ble Court by filing an affidavit and appropriate permission
ought to have obtained from this Hon'ble court.
8. Based upon the subsequent order passed by this Hon'ble Court on
the next posting date, i.e., on 2/09/2021, I reported 140 vacancies
to the Public Service Commission in the prescribed format on
6/09/2021. A true copy of the Performa for reporting vacancies
dated 6/09/2021 is produced herewith and marked as
Annexure R-2(a). It is also pertinent to point out that as
permitted by this Hon'ble Court in the interim order dated
13.08.2021, I have also issued a letter on the same day to the
secretary of the Public Service Commission not to issue any
advice memos to the persons in the rank list to fill up the
vacancies reported as the vacancies were reported only in
compliance of the above said order. A true copy of the letter
dated 6/09/2021 is produced herewith and marked as
Annexure R-2(b). Thus, I have complied with the order passed
by this Hon'ble Court dated 13/08/2021.
9. I would like to humbly submit before this Hon'ble Court that I had
absolutely no intention to disobey the directions of this Hon'ble
Court. I have always shown utmost respect to the orders passed
by this Hon'ble Court in my personal capacity as well as in the
official capacity as the Managing Director of the Corporation.
The decision to file a Special Leave Petition before the Apex Court
was not an attempt to circumvent the orders of this Court but
only a usual exercise which was a result of the general decision
taken earlier. Therefore, the inconvenience caused to this Hon'ble
Court as a result of the action on the part of the Corporation is
deeply regretted and the same may be pardoned. As there is no
deliberate action on my part or officers of the Corporation to
evade the order of this Hon'ble Court, no further orders may be
passed in the matter.
10. The above affidavit is filed as directed by this Hon'ble Court."
4. Now it is seen that the respondent officer has subsequently
complied with the said interim order dated 13.08.2021 by forwarding
Anx.R-2(a) proforma reporting 140 vacancies in the post of Guard
Grade II provisionally to the Kerala Public Service Commission. A
copy of the said proforma has been produced as Anx.R-2(a) in the said
affidavit and covering letter accompanying the same has been
produced as Anx.R-2(b) therein. In view of the abovesaid averments,
we are of the view that the contempt case could be closed.
5. Recording the above submissions of the respondent officer,
the above contempt of court case will stand disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
A. BADHARUDEEN,
JUDGE
Skk//23092021
APPENDIX OF CON.CASE(C) 1500/2021
PETITIONERS' ANNEXURE:
ANNEXURE I A CERTIFIED COPY OF THE INTERIM ORDER
DATED 13/08/2021 IN WA 1047/2021.
ANNEXURE II A COPY OF THE LEGAL NOTICE DATED
13/08/2021.
ANNEXURE III A COPY OF THE ORDER OF THE SUPREME COURT
OF INDIA DATED 27/08/2021 DISMISSING THE
SLP NO.12763/2021.
ANNEXURE IV A COPY OF THE LEGAL NOTICE DATED
02/09/2021.
RESPONDENTS' ANNEXURE: NIL
