Kerala High Court
Dr. Kumari K. Prema vs Suvarnakumar on 22 December, 2022
Con.Case(C) No.1724/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
CONTEMPT CASE(C) NO. 1724 OF 2022(S) IN WP(C) 12602/2022
PETITIONER/PETITIONER IN WP(C):
DR. KUMARI K. PREMA,
AGED 66 YEARS, W/O. G. RAMACHANDRAN NAIR,
T.C. 28/2636 KRA-A-3, VARVILAKATHU VEEDU,
CHETTIKULANGARA, THIRUVANANTHAPURAM - 695 001.
BY ADVOCATE SRI. M.S. RADHAKRISHNAN NAIR
RESPONDENT/3RD RESPONDENT IN WPC:
SUVARNAKUMAR,
DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM,
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
CROSS JUNCTION, KADAPPAKADA, KOLLAM - 691 001.
BY GOVERNMENT PLEADER
This Contempt of court case (civil) having come up for orders on
22.12.2022, the court on the same day passed the following:
P.T.O.
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RAJA VIJAYARAGHAVAN V, J.
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Cont. Case (C) No.1724 of 2022
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Dated this the 22nd day of December, 2022
ORDER
This Contempt Case (C) is filed alleging non-compliance of the directions
issued by this Court in the judgment dated 06.04.2022 in W.P.(C) No.12602 of
2022. This Court, after considering the law laid down in Exts.P3, P4, P10
judgment rendered by this Court as well as Exts.P5 and P6 orders, had directed
the 3rd respondent to ascertain as to whether there is any senior pay disparity
between the petitioner and certain Dr. Geetha Devi K., as per procedure and in
accordance with law and to pass orders within a period of two months.
2. The time granted by this Court had expired on 05.06.2022.
However, no orders were passed in terms of the directions so issued.
3. This Contempt Case (C) was filed on 15.09.2022 and on
12.12.2022, this Court had given an ultimatum that if the directions are not
complied with, within a period of seven days from 12.12.2022, the respondent
shall appear in person before this Court and show cause why no action shall be
taken against him for flouting the directions.
Con.Case(C) No.1724/2022 3/5
4. Today, when this matter is taken up, an order dated 15.12.2022
issued by the respondent is placed before this Court. In the said order, it is
stated that G.O.(Ms) No.210/2022/Fin. dated 3/12/2022 was issued after
considering the UGC regulations and as there is no mention of stepping up of
salary in the UGC regulations, there cannot be any anomaly and the petitioner
is not entitled to stepping up of pay.
5. Sri. M.S Radhakrishnan Nair, the learned counsel appearing for the
petitioner, submitted that the order issued on 15.12.2022 relying on a
subsequent order dated 03.12.2022 goes against the law laid down by this
Court in Exts.P3, P4 and P10 and also Exts.P5 and P9 orders as per which,
benefits were granted to the teachers who are similarly placed as the petitioner
herein. It is further submitted that the order issued on 15.12.2022 will also go
against the law laid down by the Apex Court in Gurucharan Singh Grewal
and Another v. Punjab State Electricity Board and Others [(2009) 3 SCC
94].
6. Prima facie, I have no doubt in my mind that the order dated
15.12.2022 issued by the respondent is not in tune with the directions issued
by this Court. An attempt is also made to overreach the directions so issued.
7. The learned Government Pleader submitted that further time be
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granted to comply with the directions and to issue a revised order.
8. The respondent shall issue revised order strictly adhering to the
directions issued by this Court in the judgments referred to above.
Post on 23.01.2023.
The personal appearance of the respondent is dispensed with for the
time being.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
NS
22-12-2022 /True Copy/ Assistant Registrar
Con.Case(C) No.1724/2022 5/5
APPENDIX OF CON.CASE(C) 1724/2022
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO.32933/2014 OF THIS
HONOURABLE COURT DATED 22/10/2016.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 06/06/2017 IN WPC
NO.488/2017 OF THIS HONOURABLE COURT.
EXHIBIT P5 TRUE COPY OF THE G.O.(RT)NO.1691/2018/H.EDN. DATED
11/09/2018 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED 19/12/2021.
EXHIBIT P9 TRUE COPY OF G.O.(RT)NO.42/2022/HEDN. DATED 07/01/2022
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WPC NO.29493/2021 PASSED
BY THIS HONOURABLE COURT DATED 20/12/2021.
22-12-2022 /True Copy/ Assistant Registrar
