Anitha A vs Sri. Ashok Kumar
2023 Latest Caselaw 185 Ker

Citation : 2023 Latest Caselaw 185 Ker
Judgement Date : 6 January, 2023

Kerala High Court

Anitha A vs Sri. Ashok Kumar on 6 January, 2023

CON.CASE(C) NO. 2295 OF 2022         1



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                CON.CASE(C) NO. 2295 OF 2022


AGAINST THE JUDGMENT IN WP(C) NO.20286/2022 DATED 22.06.2022
AND ORDER DATED 05.08.2022 IN RP NO.732/2022 OF HIGH COURT OF
                           KERALA


PETITIONER/PETITIONER IN W.P.(C)/
1ST RESPONDENT IN R.P.:

         ANITHA A
         AGED 52 YEARS, WIFE OF PROF.S.JAYADEV,
         PRINCIPAL, VISWABHARATHI MODEL HIGHER SECONDARY
         SCHOOL, KAPPILMEKKU, KRISHNAPURAM,
         KAYAMKULAM- 690 533,
         ALAPPUZHA DISTRICT (RESIDING AT DEVARAGAM,
         SOUTH MONKUZHY, P.O. PULLIKKANAKKU,
         (VIA) KAYAMKULAM-690 537,
         ALAPPUZHA DISTRICT.

         BY ADVS.
         M.SAJJAD
         V.A.MUHAMMED


RESPONDENT/2ND RESPODENT IN W.P.(C)/
3RD RESPONDENT R.P.:

         SRI. ASHOK KUMAR
         FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER
         REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
         EDUCATION,
         THAMBAYATHIL BUILDINGS, NEAR RAILWAY STATION,
         CHENGANNUR, ALAPP UZHA DISTRICT-689 121.
 CON.CASE(C) NO. 2295 OF 2022        2




          SMT. NISHA BOSE, SR. GP


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C) NO. 2295 OF 2022               3



                                JUDGMENT

This Contempt Case (C) is filed alleging non-compliance of the

directions issued by this Court in the judgment dated 22.06.2022 in W.P.(C)

No.20286 of 2022 and the order dated 05.08.2022 in R.P. No.732 of 2022.

2. After filing of the Contempt Case, the respondent has issued

Annexure-A15 order dated 1.12.2022 rejecting the request made by the

petitioner.

3. Sri. Sajjad, the learned counsel appearing for the petitioner,

submitted that while issuing the consequential order, the RDD intentionally

ignored the Government Orders on the point and the judgment rendered by

this Court. Though this Court had specifically ordered to advert to the

precedents referred to in the judgment, such an exercise was not carried

out.

4. The learned Government Pleader submitted that it is for the

petitioner to challenge the order in appropriate proceedings.

5. This Court, while disposing of the writ petition, had directed the

respondent to reconsider the matter in the light of various judgments and

the Government Orders. Later, as per orders issued in the review petition,

directions were issued to hear the review petitioner and consider the

precedents cited by him. Now that the respondent has issued the order, it is

for the petitioner to challenge the same in appropriate proceedings. I do

not think that any case of contempt is made out.

This Contempt Case (C) is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF CON.CASE(C) 2295/2022

PETITIONER(S) ANNEXURES :

Annexure 1 TRUE COPY OF THE G.O. (RT.) NO. 2913/ 2021/G.EDN. DATED 02.06.2021.

Annexure 2 TRUE COPY OF THE G.O. (RT') NO.

1992/2020/G.EDN. DATED 16.06.2020 Annexure 3 TRUE COPY OF THE G.O. (RT.) NO.5829/2021/G.EDN. DATED 13.12.2021 Annexure 4 TRUE COPY OF THE DECISION REPORTED IN 2016 KHC 419 DECIDED ON 26.02.2016 Annexure 5 TRUE COPY OF THE G.O. (RT.) NO.

1260/2019/GEDN DATED 01.04.2019 Annexure 6 TRUE COPY OF THE G.O. (RT.) NO.

5014/2019/G.EDN. DATED 21.11.2019 Annexure 7 TRUE COPY OF THE G.O. (RT.) NO.2992/2021/G.EDN. DATED 11.06.2021 Annexure 8 TRUE COPY OF THE G.O. (RT.) NO.5063/2021 /G.EDN. DATED 10.11.2021 Annexure 9 TRUE COPY OF THE G.O. (RT.) NO.

1572/2022/GEDN DATED 11.03.2022 Annexure 10 CERTIFIED COPY OF THE JUDGMENT IN W.P.

732 OF 2022 DATED 05.08.2022 IN W.P(C) NO.20286 OF 2022 Annexure 12 TRUE COPY OF THE RELEVANT PAGE OF THE ACKNOWLEDGEMENT CARD Annexure 13 TRUE COPY OF THE DECISION OF THIS HONBLE COURT IN AIDED HIGHER SECONDARY SCHOOL TEACHERS ASSOCIATION V. STATE OF KERALA REPORTED IN 2005 KHC 19 = 2005 (1) KLT 94 DECIDED ON 04.11.2004 Annexure A14 JUDGMENT ON THIS HON'BLE COURT IN WP(C) NO.14709/2022 DATED 18.05.2022 Annexure A15 ORDER NO.6443/C3/2021/RDD/CNGR DATED 01.12.2022 ISSUED BY THE RDD HSE CHENGANNUR Annexure A16 JUDGMENT OF THIS APEX COURT IN SLP NO.

31167/2014