Dr. Reethamma .O. V vs Smt.Ishita Roy. I.A.S
2022 Latest Caselaw 11486 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
                        CON.CASE(C) NO. 2245 OF 2022
    AGAINST THE JUDGMENT IN WP(C) 18045/2022 DATED 21.06.2022
PETITIONERS:
     1     DR. REETHAMMA .O. V, AGED 58 YEARS, W/O JOSEPH
           ZACHARIAS, ASSOCIATE PROFESSOR(RTD), DEPT. OF
           ZOOLOGY, ASSUMPTION COLLEGE, CHANGANACHERY,
           RESIDING AT PARAMPAKATHU HOUSE, KOZHUVANAL. P.O
           KOTTAYAM DIST., PIN - 686573

    2        DR. ROY JOSEPH, AGED 54 YEARS, S/O P V JOSEPH,
             ASSOCIATE PROFESSOR, DEPT. OF HINDI, ST. BERCHMANS
             COLLEGE, CHANGANACHERY, RESIDING AT PALLIPPADAVIL
             HOUSE, CHANGANACHERRY P.O, KOTTAYAM DIST - 686101

             BY ADVS.
             MATHEW JACOB (KUNNATHU)
             K.MADHUSOODANAN
             T.G.PAUL
             SYRIAC JOSEPH


RESPONDENTS:
     1     SMT.ISHITA ROY. I.A.S., (AGE AND FATHERS' NAME NOT
           KNOWN TO THE PETITIONER), PRINCIPAL SECRETARY,
           DEPARTMENT OF HIGHER EDUCATION, 4TH FLOOR, ANNEXE II
           GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM - 695001

    2        SMT.V.VIGNESWARI. IAS, (AGE AND FATHERS' NAME NOT
             KNOWN TO THE PETITIONER), DIRECTOR OF COLLEGIATE
             EDUCATION, 6TH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPURAM
             PIN - 695033

    3        DR. R.PRAGASH, (AGE AND FATHERS' NAME NOT KNOWN TO
             THE PETITIONER), THE DY. DIRECTOR OF COLLEGIATE
             EDUCATION, VAYASKARAKUNNU, KOTTAYAM, PIN - 686001

             SMT.PARVATHY.K -GP


     THIS    CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 COC 2245/22
                                      2

                            JUDGMENT

Even though this matter was argued in detail today, the

learned Government Pleader - Smt.Parvathy K., submitted that if

this Court is not inclined to accept the order dated 06.12.2022

issued by the respondent, then he may be given an opportunity

to issue a fresh one, in implicit compliance with the directions

of this Court.

2. The learned Government Pleader explained that the

respondent has issued the new order following a Government

Order of the year 2022; and therefore, he has not acted in any

manner to be construed as in deliberate violation of the

directions of this Court, as alleged by the petitioner.

3. I must say, the order now issued by the respondent

prima facie cannot find favour, going by the declarations of the

Honourable Supreme Court in Gurucharan Singh Grewal and

Another v. Punjab State Electricity Board and Others [(2009) 3

SCC 94)].

In the afore circumstances, acceding to the afore request of COC 2245/22

the learned Government Pleader, I close this Contempt Case;

leaving liberty to the respondent to issue a fresh order in strict

compliance with the directions in the judgment and after

rehearing the petitioner; thus culminating in an appropriate order

and necessary action thereon, not later than 31.01.2023.

Needless to say, if no orders are received by the petitioner

even by 10.02.2023, he will be at liberty to seek a rehearing of

this Contempt Case.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                              JUDGE
 COC 2245/22


              APPENDIX OF CON.CASE(C) 2245/2022

PETITIONER ANNEXURES
Annexure A1        CERTIFIED COPY OF THE JUDGMENT IN W.P.

(C).NO.18045/2022 DATED 21.06.2022 Annexure A2 COPY OF THE ORDER G.O.(RT)NO.1691 /2018/ HEDN DATED 11-09-2018