Thomas Antony vs Saidalavi Mangathuparamban
2023 Latest Caselaw 7890 Ker

Con.Case(C) No.839/2023                       1/3

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                          THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
             Wednesday, the 26th day of July 2023 / 4th Sravana, 1945
                CON.CASE(C) NO. 839 OF 2023(S) IN WP(C) 18439/2014
   PETITIONER/WRIT PETITIONER:

           THOMAS ANTONY, H.S.A (PHYSICAL SCIENCE) RETIRED,
           DARUL ULOOM HIGHER SECONDARY, PANAKKAD-P.O.,
           PATTARKADAVU, MALAPPURAM- 676 519.

        BY ADVS. M/S. VINOD MADHAVAN, M.V.BOSE, BIJU VARGHESE ERUMALA, SANIYA
        C.V.

   RESPONDENT/2ND RESPONDENT IN WRIT PETITION:


           SAIDALAVI MANGATHUPARAMBAN,
           THE DISTRICT EDUCATIONAL OFFICER,
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           CIVIL STATION, MALAPPURAM- 680 656.

           BY GOVERNMENT PLEADER


        This Contempt of court case (civil) having come up for orders on
   26.07.2023, the court on the same day passed the following:


                                                                    P.T.O.
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                                  ALEXANDER THOMAS, J.
                      =================================
                               Cont.Case (C) No.839 of 2023
             [arising out of the impugned judgment dated 14.03.2018 in W.P(C) No.18439/2014]
                      =================================
                                  Dated this the 26th day of July, 2023

                                              ORDER

Heard both sides for some time. Prima facie it appears that the

directions and orders passed by this Court in Annexure-A1 judgment

dated 14.03.2018 in W.P(C) No.18439/2014 is not seen to have been

altered either by the intra court appellate judgment of the Division Bench

of this Court or as per Annexure-A2 judgment dated 26.09.2022 of the

Apex Court in Civil Appeal No.6959/2022. That being so, the version

projected in Annexure-A4, that another incumbent has already been

paid the benefits in the post of Head Master, will not be a ground to justify

non-compliance of Annexure- A1 judgment.

2. Sri.Saigi Jacob Palatty, learned Senior Government Pleader

seeks a short time to get instructions from the respondent (DEO), etc.

List at 1.20 p.m. in the Chambers on 08/08/2023.

Hand Over to both sides.

Sd/-

                                                   ALEXANDER THOMAS, JUDGE



       vgd




26-07-2023                           /True Copy/                                Assistant Registrar
 Con.Case(C) No.839/2023                     3/3

                          APPENDIX OF CON.CASE(C) 839/2023
Annexure A1               CERTIFIED COPY OF THE JUDGMENT DATED 14/03/2018 IN
                          W.P.(C) NO. 18439/2014.
Annexure A2               TRUE COPY OF THE ORDER DATED 26/09/2022 IN CIVIL APPEAL
                          6959/2022.
Annexure A4               TRUE COPY OF THE COMMUNICATION DATED 24/01/2023, ISSUED
                          BY THE DISTRICT EDUCATIONAL OFFICER.




26-07-2023                    /True Copy/                         Assistant Registrar