Dr.Jose P.A vs Dr.V.Venu, Ias
2022 Latest Caselaw 5604 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
          Thursday, the 26th day of May 2022 / 5th Jyaishta, 1944
   IA.NO.1/2022 IN CONTEMPT CASE(C) NO. 1499 OF 2021(S) IN WP(C)134/2021

PETITIONERS/PETITIONERS:


  1. DR.JOSE P.A.,S/O AUGUSTINE P.M, AGED 56 YEARS ASSOCIATE
     PROFESSOR(RTD), DEPARTMENT OF POLITICAL SCIENCE, NEWMAN COLLEGE,
     THODUPUZHA, RESIDING AT PETTAPUZHA HOUSE, KEERIKODE, THODUPUZHA EAST
     P.O, IDUKKI DISTRICT, PIN-685585.
  2. DR.JOE JACOB,S/O T.S.CHACKO,AGED 56 YEARS, ASSOCIATE
     PROFESSOR(RTD), DEPARTMENT OF PHYSICS, NEWMAN COLLEGE, THODUPUZHA,
     RESIDING AT THUDIAMPLACKAL HOUSE, THODUPUZHA P.O, IDUKKI DISTRICT,
     PIN-685584.


RESPONDENTS/RESPONDENTS:


  1. DR.V.VENU IAS, ADDITIONAL CHIEF SECRETARY(IN-CHARGE), DEPARTMENT OF
     HIGHER EDUCATION, 4TH FLOOR,ANNEXE II GOVERNMENT SECRETARIAT,
     THIRUVANANTHAPURAM-695001.
  2. MRS.V.VIGNESWARI IAS, DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR,
     VIKAS BHAVAN, THIRUVANANTHAPURAM-695033
  3. DR.K.JAYAKUMAR,THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, HOSPITAL
     ROAD, NEAR MCRV MENS HOSTEL, ERNAKULAM - 682011


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to reopen the Contempt
of Court Case No.1499 of 2021 which has been disposed of on 11.01.2022 as
the respondents failed to comply with the judgment dated 12.02.2021 in
W.P.(C).No.134/2021 as against the orders issued and submitted before this
Honourable Court.

     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's
judgment dated 11/01/2022 in COC, and order dated 01/04/2022 in IA
1/22,and order dated 19/05/2022 in COC and upon hearing the arguments of
ADVS.M/S.K.MADHUSOODANAN, T.G.PAUL, MATHEW JACOB (KUNNATHU), SYRIAC
JOSEPH, Advocates for the petitioners in IA/COC and of the Sri.JIMMMY
GEORGE ,GOVERNMENT PLEADER and of ADV.M/S.Chacko C A, C.M.CHARISMA,
Advocates for R3 in IA/COC, the court passed the following:

                                                                P.T.O
                        AMIT RAWAL, J.
               =================
                    I.A.No.1 of 2022 in
                  COC.No.1499 of 2021
            =====================
            Dated this the 26th day of May, 2022

                          ORDER

This Court in the judgment dated 09.02.2021 decided the

connected case in terms of the judgment already passed by this

Court for removing the anomaly of junior and senior by

quashing the order under Challenge. It is stated in the

Government order dated 29.11.2021 that for determining

arrears on account of stepping up of the pay of the senior

teachers to that of junior, it was ordered that should not exceed

the amount found to be actually due under the claim for a period

of two years immediately preceding the date on which the

anomaly was brought to the notice of the Head of the

Department. Noticing the aforementioned fact, this Court had

called upon respondent No.3 to appear in this Court for the

allegation made in the additional affidavit filed by the petitioner

was that the principal had submitted the entire documents on

28.01.2022 but the respondent No.3 intentionally kept it as he

was to retire on 31.03.2022. Additional affidavit has been filed COC.No.1499 of 2021

by the Government producing a fresh order dated

07.01.2022 recalling the order dated 29.11.2021 wherein it

has been made clear that the order will apply exclusively to

all the judgments pronounced by this Court relating to the

junior senior anomaly among the teachers in the aided

colleges only. In the additional affidavit, it has also been

stated that the revised bill was submitted by the principal

only on 05.04.2022 when respondent No.3 who is present in

Court had already retired. Thus the allegation in the affidavit

qua detention of the papers at the instance of respondent

No.3, necessitating this Court to call and appear him, is

wholly preposterous and baseless. According to the

petitioner, though the arrears have been paid from 2016

onwards, it is under the old pay scale and not the revised

one.

Sri.Jimmy George, learned Government Pleader

submitted that no other candidate has been given the revised

pay scale as the Government has not yet given the benefit of

revised pay scale. It will be given as and when the

Government takes a call on representation. COC.No.1499 of 2021

In this view of the matter, I am of the view that the

judgment of this Court stands complied with. Rules stand

discharged. Presence of respondent No.3 is also dispensed

with. The contempt petition is ordered to be closed.

Sd/-

AMIT RAWAL, JUDGE naksa

26-05-2022 /True Copy/ Assistant Registrar