Kerala High Court
V.K.Jayasree vs P.V.Mohanan on 6 January, 2023
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. 1089 OF 2007
JUDGMENT IN OP NO.28077/1999 DATED 19.12.2005 OF HIGH COURT OF
KERALA
PETITIONER:
V.K.JAYASREE
W/O V.K.UNNIKRISHNAN, AGED 49 YEARS,
HIGH SCHOOL ASSISTANT, R.M.V.HIGH SCHOOL,
PERINJANAM, THRISSUR DISTRICT.
BY ADV SRI.B.K.PURUSHOTHAMAN
RESPONDENT:
P.V.MOHANAN
(FATHER'S NAME AND AGE NOT KNOWN),
DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD,
THRISSUR DISTRICT.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Cont.Case(C) 1089 of 2007 2
JUDGMENT
This Contempt Case is preferred alleging non-compliance of the
directions issued by this Court in the judgment dated 19.12.2005 in O.P
No.28077 of 1999. When the matter was taken up on 19.12.2022, there was
no representation for the petitioner and hence the matter was posted today.
Today also, there is no representation for the petitioner.
2. A counter affidavit has been filed by the respondent wherein it is
stated that the Manager of MVHSS, Perinjanam, had appointed the petitioner
herein as HSA (Physical Science) from 28.09.1996 to 27.9.1998 against the
leave vacancy of certain P.A Sukumaran, HSA who had entered on Leave
without Allowance for the period. The respondent rejected the appointment for
the reason that there were already 11 posts of HSA (Science) in total, and for
the reason that further appointments in that category will exceed the
sanctioned number of posts. Though an appeal was preferred, the same was
also rejected by the DPI. Later, the petitioner was appointed again as HSA
(Physical Science) at RMV HSS, Perinjanam, from 28.09.1998 onwards in the
leave vacancy of Sri. P.K. Sukumaran, who entered on leave from 28.09.1998
till the date of his retirement on 31.03.1999. However, approval to the
appointment of the petitioner was rejected by order dated 6.11.1998 on the
ground that the appointment order was issued by the correspondent instead of
the manager and for the failure to furnish the required documents.
3. Whileso, the petitioner preferred O.P No.28077 of 1999 seeking
issuance of directions to the respondents to approve the appointment of the
petitioner for the period from 28.09.1996 to 27.09.1998 and from 28.09.1998
onwards and to release salary and all consequential reliefs. By an interim order
dated 11.11.1999, this Court stayed the orders rejecting the grant of approval.
Later by judgment dated 19.12.2005, the original petition was disposed of in
terms of the interim order.
4. It is stated that the respondent has approved the appointment of
Smt.V.K.Jayasree as HSA (Physical Science) for the period from 28.09.1996 to
27.09.1998, provisionally subject to further orders from the Government. It is
further stated that the 2nd appointment of Smt.V.K.Jayasree was made against
the vacancy of Sri. P.K Sukumaran, who availed leave from 28.09.1998 till his
retirement. However, no leave was sanctioned to Sri.P.K.Sukumaran beyond
27.09.1998. Therefore, according to the respondent, there is no established
vacancy to justify the appointment of the petitioner with effect from 28.09.1998
onwards.
It was in the said circumstances that the approval of the petitioner as
HSA (Physical Science) from 28.09.1998 to 31.03.1999 was rejected. Having
considered the assertions in the affidavit, I do not think that any case of
contempt is made out.
This Contempt Case is closed.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
APPENDIX OF CONTEMPT CASE (CIVIL) NO.1089 OF 2007
PETITIONER'S ANNEXURES:
ANNEXURE 1 TRUE COPY OF THE ORDER IN CMP.47686/99 IN
O.P NO.28077/99 DATED 11.11.99 OF THIS
HON'BLE COURT
ANNEXURE 2 CERTIFIED COPY OF JUDGMENT IN
O.P.NO.28977/99 DATED 19.12.2005 OF THIS
HON'BLE COURT
ANNEXURE 3 TRUE COPY OF ORDER NO.B6-2346/06
DTD.30.9.2006 ISSUED BY RESPONDENT
ANNEXURE 4 TRUE COPY OF LETTER NO.B6/2346/07 DATED
14.06.2007 ISSUED BY RESPONDENT
