Kerala High Court
Dr. Aneer Hussain vs Sri.Shaju George on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Tuesday, the 17th day of January 2023 / 27th Pousha, 1944
CONTEMPT CASE(C) NO. 1533 OF 2022(S) IN OP(KAT) 330/2019
PETITIONER/PETITIONER:
DR. ANEER HUSSAIN T.A, AGED 39 YEARS, S/O.ANWAR HUSSAIN, RESIDING
AT THENUMGAL HOUSE, PIPELINE ROAD, ALUVA, ERNAKULAM, PIN - 683 101.
PH:9497546123.
BY ADVS. M/S. ELVIN PETER P.J., K.R.GANESH, GOURI BALAGOPAL,
ABHIJITH.K.ANIRUDHAN, SREELEKSHMI A.S. & ANU JOSEPH
RESPONDENT/3RD RESPONDENT IN OP(KAT):
SRI.SHAJU GEORGE, THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION,
PATTOM PALACE.P.O.,THIRUVANANTHAPURAM - 695 004
BY SRI.P.C.SASIDHARAN, STANDING COUNSEL
This Contempt of court case (civil) having come up for orders on
17.01.2023, the court on the same day passed the following:
P.T.O.
Con.Case(C) 1533/ 2022
1
ALEXANDER THOMAS & SOPHY THOMAS , JJ.
==================
Con.Case(C) 1533/ 2022
(Arising out of OP(KAT) No.330/2019 for non-compliance of the directions contained in
the judgment dated 28.02.2022 in OP(KAT) No.330/2019 of the learned Single Judge)
==================
Dated this the 17th day of January, 2023
ORDER
On the previous occasion, we had passed order on
09.01.2023, specifically directing that the Secretary, PSC will
furnish instructions as to whether the turn of the petitioner herein
for advice of the ranklist dated 08.09.2015 for the post of
vocational teacher (live Stock management) which expired on
08.09.2018, would have reached in case all or any one of the 5
vacancies initially reported for by-transfer recruitment are utilized
for direct recruitment. Learned Standing Counsel for the
respondent PSC seeks some more time to secure instructions.
Secretary PSC will specifically furnish instructions on the
abovesaid points well before the next posting day.
2. Counsel for the petitioner submits that reply affidavit
has already been filed today with a Bench Mark and copy thereof
has been served on the standing counsel for the respondent PSC.
Con.Case(C) 1533/ 2022
- : 2 :-
The Registry will ascertain this and ensure that the said reply
affidavit is placed on record.
3. Further, on 28.10.2022, the learned Standing Counsel
for the PSC had then submitted that though an NJD vacancy was
reported for the above post on 18.07.2018, despite very many
efforts taken by the respondent PSC, the appointing authority
(Vocational Higher Secondary Education Department) has not
cared to inform the PSC as to the date of occurrence of the said
NJD vacancy and since it was not known as to whether the said
NJD vacancy which was reported on 18.07.2018 had actually
occurred on or before 09.05.2018 (cut off date/ban order date),
steps could not be taken by the PSC for advise. Taking note of the
said submission, we had then passed an order as early as on
18.10.2022, directing the appointing authority of the Vocational
Higher Secondary Education Department to immediately send a
clarificatory letter to the PSC as to when the said NJD vacancy in
the post of Vocational Teacher (Live Stock Management) which
was reported to the PSC on 18.07.2018 had arisen. It is not known
as to whether the appointing authority has cared to comply with
Con.Case(C) 1533/ 2022
- : 3 :-
the said directions issued by this Court on 28.10.2022 by informing
the PSC about the date of occurrence of the said NJD vacancy
which was reported on 18.07.2018. At any rate, we had also
directed on 28.10.2022 that a copy of the said clarificatory letter
issued by the appointing authority should also be made available to
this Court for perusal. That, of course has not been done till date by
the appointing authority. Therefore, it is ordered that the
appointing authority of the Vocational Higher Secondary
Education Department will immediately inform the PSC if not
already informed as to the exact date of occurrence of the NJD
vacancy that was reported on 18.07.2018 to the PSC and a copy of
the said clarificatory letter should be given to the Senior
Government Pleader so that the same can be placed for the perusal
of this Court. If the abovesaid directions are not complied with by
the appointing authority, then we will be constrained to take action
against the said authority for non-compliance of the directions issued
by this Court in this Contempt proceedings as early as on 28.10.2022.
Of course, the appointing authority is not a party to this contempt
proceedings, we had already directed on 28.10.2022 that copy of
Con.Case(C) 1533/ 2022
- : 4 :-
the contempt petition should served by the petitioner's counsel to
Sri.Saigi Jacob Palatty, learned Senior Government Pleader, in the
causelist, so that the learned Sr.Government Pleader is alerted
about the posting of this case on the next day.
3. The respondent PSC - Secretary will also clarify as to
whether the afore NJD vacancy reported on 18.07.2018 pertained
to an OC turn or BC turn, and if BC turn, as to which sub
community turn and whether petitioner who is included in Muslim
Supplementary list can secure advise as against that NJD vacancy,
if the NJD vacancy has arisen before 09.05.2018, etc.
4. Registry will forward copies of this Order to the
Secretary PSC, Thiruvananthapuram as well as to the Director of
Vocational Higher Secondary, Thiruvananthapuram for
information and immediate compliance, at the cost of the
petitioner.
List on 01.02.2023.
sd/-
ALEXANDER THOMAS, JUDGE
sd/-
SOPHY THOMAS, JUDGE
Nsd
17-01-2023 /True Copy/ Assistant Registrar
