Kerala High Court
Shameem M P vs Ashok Kumar Singh (Ias) on 13 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
CON.CASE(C) NO.2030 OF 2023
JUDGMENT IN WP(C) 36752/2022 OF HIGH COURT OF KERALA
DATED 23.12.2022
--------------------
PETITIONERS/PETITIONERS 7 & 8 :-
1 SHAMEEM M P, AGED 35 YEARS
S/O.USSAIN KUTTY, MUNDAPPILAKKIL (H), PALANGAD,
NARIKUNI P.O, KOZHIKODE -673 585
WORKING AS SURVEYOR GR-I, KERALA WATER AUTHORITY,
P P D CAMP OFFICE, KOZHIKODE, PIN - 673 020
2 JINCY K.P, AGED 32 YEARS,
D/O.SURENDRAN K P, KIZHAKKEPUTHENVALAPPIL (H),
KOTHAMANGALAM, KOLIYANDY P.O, KOZHIKODE -673 305
WORKING AS SURVEYOR GR-I,, KERALA WATER AUTHORITY,
P P D CAMP OFFICE, KOZHIKODE, PIN - 673 020
BY ADVS.
JOHNSON JOSE PANJIKKARAN
RIMJU P.H.
RESPONDENT/1ST RESPONDENT :-
ASHOK KUMAR SINGH (IAS)
AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONERS
SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
SRI.V.TEKCHAND, SR.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2023 ALONG WITH COC No.2032/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
Coc.Nos.2030/2023 & 2032/2023
-: 2 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
CON.CASE(C) NO.2032 OF 2023
JUDGMENT IN WP(C) 36809/2022 OF HIGH COURT OF KERALA
DATED 23.12.2022
-------------------
PETITIONERS/PETITIONERS 5, 6, 8, 10, 11, 13 TO 17 :-
1 AJI BALAKRISHNAN, AGED 44 YEARS
S/O.BALAKRISHNAN(LATE), OPERATOR,
KERALA WATER AUTHORITY, PH SUBDIVISION,
KADAKKAL, PIN - 691 536
2 PURUSHOTHAMAN.K.V., AGED 43 YEARS
S/O.PADMANABHAN.K.V(LATE), OPERATOR,
KERALA WATER AUTHORITY, PH SECTION,
CHERUVATHUR, PIN - 671 313
3 SOORAJ K N, AGED 38 YEARS
S/O.NARAYANAN K V, OPERATOR, KERALA WATER AUTHORITY,
PH SECTION, KANHANGAD, KASARAGOD, PIN - 671 315
4 SAJU.M, AGED 35 YEARS
S/O.SOMASUNDARAN, OPERATOR, KERALA WATER AUTHORITY,
PHSUBDIVISION, MALAPPURAM, PIN - 676 505
5 ABHILASHKUMAR.M, AGED 35 YEARS
S/O.ARAVINDHAKSHAN.M, OPERATOR,
KERALA WATER AUTHORITY, WS AUGMENTATION SECTION,
PALAKKAD, PIN - 678 001
6 ABHILASH S, GED 32 YEARS
S/O.SREEDHARAN PILLAI K, OPERATOR,
KERALA WATER AUTHORITY, HEAD WORKS SECTION,
SASTHAMCOTTA, PIN - 690 521
7 JUBY PAUL CHERIAN, AGED 32 YEARS
S/O.N. C CHERIAN(LATE), OPERATOR,
KERALA WATER AUTHORITY, P. H SECTION,
MALLAPPALLY - 689 585
8 ANUP M, AGED 32 YEARS
S/O.K MOHANAN NAIR, OPERATOR, KERALA WATER AUTHORITY
Coc.Nos.2030/2023 & 2032/2023
-: 3 :-
WATER SUPPLY SUBDIVISION, ARUVIKKARA, PIN - 695 564
9 AKSHAY RAJ V, AGED 32 YEARS
S/O.M P VIJAYAKUMAR(LATE), OPERATOR,
KERALA WATER AUTHORITY, WATER SUPPLY SUBDIVISION,
ARUVIKKARA, PIN - 695 564
10 FAHEEM.V, AGED 32 YEARS,
S/O.VEERANKOYA V, OPERATOR, KERALA WATER AUTHORITY
PH SECTION, AREEKODE, PIN - 673 639
BY ADVS.
JOHNSON JOSE PANJIKKARAN
RIMJU P.H.
RESPONDENT/1ST RESPONDENT :-
ASHOK KUMAR SINGH (IAS)
AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONERS
SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
SRI.V.TEKCHAND, SR.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2023 ALONG WITH COC No.2030/2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
Coc.Nos.2030/2023 & 2032/2023
-: 4 :-
JUDGMENT
Cont.Case(C) Nos.2030/23 & 2032/23
Dated this the 13th day of September, 2023
These Contempt of Court Cases are filed alleging non-
compliance with the directions contained in the judgment.
2. I notice that the judgment had been rendered
directing reconsideration of the claim of the petitioners in the
writ petitions for participating in the selection process for
appointment by transfer to the post of Assistant Engineer in
the Kerala Water Authority. However, it appears that orders
have now been passed permitting only the petitioners in
Contempt Case No.317/2023, who had participated in the
common test as general category candidates to be considered
under the by transfer category. The learned counsel for the
petitioners submits that the refusal to permit the petitioners,
who were the writ petitioners and in whose favour the
judgment had been rendered, to participate in the selection
process for appointment by transfer would amount to contempt
of the directions. Even if that be so, I am of the opinion that
positive directions cannot be issued by this Court in these
proceedings.
Coc.Nos.2030/2023 & 2032/2023
The Contempt of Court Cases are, therefore,
closed without prejudice to the right of the petitioners to
approach this Court challenging the orders passed and
seeking inclusion in the selection process on the basis of
the orders passed by the Government.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/13.9.23
Coc.Nos.2030/2023 & 2032/2023
APPENDIX OF CON.CASE(C) 2030/2023
PETITIONER ANNEXURES :-
Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 23-12-2022
IN W.P. (C) 36752 OF 2022
Annexure A2 TRUE COPY OF THE NOTIFICATION BEARING G.O(P)
NO. 1/2023/WRD DATED 27-1-2023 WITH THE KERALA
WATER AUTHORITY TECHNICAL SERVICE RULES, 2023
Annexure A3 TRUE COPY OF THE INTERIM ORDER DATED 3-8-2023
IN CONTEMPT CASE© 317 OF 2023
Annexure A4 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.
G.O.(RT)NO.759/2023/WRD DATED 24-8-2023
Annexure A5 TRUE COPY OF THE ADDITIONAL INTERVIEW PROGRAMME
FOR THE MONTH SEPTEMBER 2023 ISSUED BY KERALA
PUBLIC SERVICE COMMISSION DATED 22-8-2023
Annexure A6 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.
GO (RT) NO 536/08/WRD DATED 28-5-2008
Annexure A7 TRUE COPY OF THE ADDENDUM NOTIFICATION NO.
142/08/SS V DATED 20-1-2009 ISSUED BY THE
KERALA PUBLIC SERVICE COMMISSION
Annexure A8 TRUE COPY OF THE PRINT OUT OBTAINED FROM THE
WEBSITE OF KPSC SHOWING ADMISSION TICKET OF 1ST
PETITIONER
Annexure A9 TRUE COPY OF THE ADMISSION TICKET OF 2ND
PETITIONER TO CATEGORY 137/2022
Annexure A10 TRUE COPY OF THE G.O.(RT)NO.266/2023/WRD DATED
13-03-2023
Annexure A11 TRUE COPY OF THE INTERIM ORDER DATED 7-6-2022
IN W.P© 1860 OF 2021
Annexure A12 TRUE COPY OF THE JUDGMENT DATED 16-8-2022 IN
W.A 1009 OF 2022
Coc.Nos.2030/2023 & 2032/2023
APPENDIX OF CON.CASE(C) 2032/2023
PETITIONER ANNEXURES :-
Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 23-12-2022
IN W.P. (C) 36809 OF 2022
Annexure A2 TRUE COPY OF THE NOTIFICATION BEARING G.O(P) NO.
1/2023/WRD DATED 27-1-2023 WITH THE KERALA WATER
AUTHORITY TECHNICAL SERVICE RULES, 2023
Annexure A3 TRUE COPY OF THE INTERIM ORDER DATED 3-8-2023 IN
CONTEMPT CASE© 317 OF 2023
Annexure A4 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.
G.O.(RT)NO.759/2023/WRD DATED 24-8-2023
Annexure A5 TRUE COPY OF THE ADDITIONAL INTERVIEW PROGRAMME
FOR THE MONTH SEPTEMBER 2023 ISSUED BY KERALA
PUBLIC SERVICE COMMISSION DATED 22-8-2023
Annexure A6 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO. GO
(RT) NO 536/08/WRD DATED 28-5-2008
Annexure A7 TRUE COPY OF THE ADDENDUM NOTIFICATION NO.
142/08/SS V DATED 20-1-2009 ISSUED BY THE KERALA
PUBLIC SERVICE COMMISSION
Annexure A8 TRUE COPY OF THE ADMISSION TICKET OF 1ST
PETITIONER TO CATEGORY 137/2022
Annexure A9 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 2ND PETITIONER TO CATEGORY 137/2022
Annexure A10 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 3RD PETITIONER TO CATEGORY 137/2022
Annexure A11 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 4TH PETITIONER TO CATEGORY 137/2022
Annexure A12 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 5TH PETITIONER TO CATEGORY 137/2022
Annexure A13 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 6TH PETITIONER TO CATEGORY 137/2022
Coc.Nos.2030/2023 & 2032/2023
Annexure A14 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 7TH PETITIONER TO CATEGORY 137/2022
Annexure A15 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 8TH PETITIONER TO CATEGORY 137/2022
Annexure A16 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 9TH PETITIONER TO CATEGORY 137/2022
Annexure A17 TRUE COPY OF THE RELEVANT PAGE OF ADMISSION
TICKET OF 10TH PETITIONER TO CATEGORY 137/2022
Annexure A18 TRUE COPY OF THE G.O.(RT)NO.266/2023/WRD DATED
13-03-2023
Annexure A19 TRUE COPY OF THE INTERIM ORDER DATED 7-6-2022 IN
W.P© 1860 OF 2021
Annexure A20 TRUE COPY OF THE JUDGMENT DATED 16-8-2022 IN W.A
1009 OF 2022
