Dr. E.M Mohammed vs Pravabjyothi Nath
2023 Latest Caselaw 7668 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                    CON.CASE(C) NO. 1479 OF 2023
AGAINST THE JUDGMENT IN WP(C) 8341/2020 OF HIGH COURT OF KERALA
PETITIONER:

          DR.E.M MOHAMMED
          AGED 44 YEARS, S/O.ALIKKUTTY,
          ASSISTANT PROFESSOR, DEPARTMENT OF ANIMAL BREEDING
          AND GENETICS, COLLEGE OF VETERINARY AND ANIMAL
          SCIENCES, POOKODE , LAKKIDI P.O, WAYANAD- 673 576
          CURRENTLY RESIDING AT 'SHANAN', KANNANKARA,
          CHELANNUR, KOZHIKODE, PIN - 673616
          BY ADVS.
          SHYAM PADMAN
          C.M.ANDREWS
          BOBY M.SEKHAR
          LAYA MARY JOSEPH
          HARISH ABRAHAM
          NICHU WILLINGTON
          ASHWATHI SHYAM


RESPONDENT:

          PRAVABJYOTHI NATH
          PRINCIPAL SECRETARY,
          DEPARTMENT OF ANIMAL HUSBANDARY,
          GOVERNMENT SECRATRIATE,
          THIRUVANTHAPURAM, PIN - 695001
          SRI.RIYAL DEVASSY - GP
     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C) NO.1479/2023           2

                             JUDGMENT

Even though the respondent says that the directions in the

judgment have been complied with by issuing Annexure A6 order

dated 05.04.2023, I am of the view that it cannot be so accepted

because, in spite of the specific directions therein, Government have

merely said that the petitioner's claims cannot be acceded to because

there are no provisions in the Kerala Service Rules, nor in the Statutes.

After saying so, it then concludes saying that all the documents

'pointed out by the Hon'ble High Court' were examined, but that the

petitioner's claim was found to be untenable.

2. It is without requirement for expatiation that one can never

understand Annexure A6 order what went through the mind of the

competent Authority of the Government, while issuing it, particularly

when this Court was very specific in its directions that certain

documents be adverted to and that the opinion of the competent

Authority on each of them be reflected in the resultant order. This is

more so because, the only question that was left to the Government to

consider was whether the petitioner had three years service for the

purpose of 'study leave', but that it would not be relevant if he was

found eligible for deputation qua the Post-Doctoral Training. These

aspects again have been conspicuously left unanswered in

Annexure A6.

3. Presumably, being aware of the mind of this Court as afore,

the learned Government Pleader submitted that, if this Court is not in

favour of Annexure A6, same can be withdrawn and the petitioner's

claim again considered, after hearing him.

4. I am certain that it is the best option for the parties because, it

is not sufficient that an order is issued, but it should comply with the

directions of this Court in its letter and spirit.

5. In the afore circumstances, I record the undertaking of the

learned Government Pleader that Annexure A6 will stand withdrawn

and that the claim of the petitioner will be reconsidered, after

affording him a fresh opportunity of being heard. This shall be done by

the competent Authority of the Government as expeditiously as is

possible, but not later than three months from the date of receipt of a

copy of this judgment.

6. I leave liberty to the petitioner to approach this Court again

with a fresh contempt case, if it is so warranted in future.

This contempt case is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/14.7

APPENDIX OF CON.CASE(C) 1479/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE JUDGMENT DATED 20.07.2022 OF THIS HON'BLE COURT IN W.P(C) NO.

8341/2020 Annexure A2 TRUE COPY OF THE LETTER DATED 03.08.2022 SUBMITTED BY THE PETITIONER TO THE DEAN Annexure A3 TRUE COPY OF THE LETTER DATED 12.09.2022 FORWARDED TO THE REGISTRAR, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY BY THE DEAN FOR FURTHER ACTION Annexure A4 TRUE COPY OF THE REMINDER LETTER DATED 26.09.2022 ISSUED BY THE PETITIONER TO THE DEAN Annexure A5 TRUE COPY OF THE HEARING NOTICE NO.F2/63/2020-AH DATED 30.11.2022 ISSUED FROM THE OFFICE OF THE PRINCIPAL SECRETARY TO THE PETITIONER Annexure A6 TRUE COPY OF GO (RT) NO.139/2023/AHD DATED 05.04.2023 ISSUED BY THE GOVERNMENT OF KERALA