Kerala High Court
Sasikumar .C vs Dr. Prabhat Kumar on 5 June, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Wednesday, the 5th day of June 2024 / 15th Jyaishta, 1946
CONTEMPT CASE(C) NO. 826 OF 2024(S) IN OP (CAT) 216/2019
PETITIONER/PETITIONER:
SASIKUMAR .C, AGED 45 YEARS, S/O S. CHINNASAMY, TECHNICAL OFFICER,
COCONUT DEVELOPMENT BOARD, STATE CENTRE, BJ-108, SECTOR-II, SALT
LAKE, KOLKATA, WEST BENGAL, PIN - 700 091, RESIDING AT CHENNAI AND
WORKING AS DEVELOPMENT OFFICER, COCONUT DEVELOPMENT BOARD, REGIONAL
OFFICE, NO.47/F1, DR. RAMASAMI SALAI, KK NAGAR, CHENNAI. (NOW
WORKING AS ASST. DIRECTOR (DEV) AT ABHAYAPURI, ASSAM-783 384),
PIN - 600 078.
BY ADVOCATES M/S. M. PAUL VARGHESE & M.M. MONAYE
RESPONDENT/RESPONDENT NO.1:
DR. PRABHAT KUMAR, AGED 51 YEARS, S/O ANIRUDHA PRASAD SHUKLA, CHIEF
EXECUTIVE OFFICER, COCONUT DEVELOPMENT BOARD, MINISTRY OF
AGRICULTURE AND FARMERS WELFARE, KERA BHAVAN, SRV ROAD, KOCHI, PIN -
682 011.
BY STANDING COUNSEL
This Contempt of court case (civil) having come up for orders on
05.06.2024, the court on the same day passed the following:
P.T.O.
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
..................................................
Con.Case (C) No. 826 of 2024
..................................................
Dated this the 5th day of June, 2024
ORDER
A.MUHAMED MUSTAQUE, J
This Contempt of Court Case was filed at the instance of the
petitioner before this Court. The petitioner was the applicant for the
post of Assistant Director in Coconut Development Board. Pursuant
to the notification dated 30.07.2016, one Vedpal Singh was selected
and appointed with effect from 07.04.2017. This was questioned by
the petitioner before the Central Administrative Tribunal, Ernakulam
Bench in O.A. No.943/2017. The Tribunal found that the selection of
Vedpal Singh was the result of bias and prejudice. Hence, the
Tribunal ordered a fresh selection process to be undertaken. This
was questioned before this Court by the petitioner herein by filing
original petition. This Court disposed of the original petition by a
common judgment dated 31.01.2024, noting that there were no
vitiating elements in the selection process and the next eligible
candidate should be appointed for the said post. The petitioner is the
next eligible candidate. During pendency of the original petition, the
petitioner was promoted to the post of Assistant Director on due turn
with effect from 21.03.2023 .
2. The petitioner's case is that the appointment to the post
of Assistant Director should operate with effect from the original
date on which Vedpal Singh was appointed on 07.04.2017.
3. The learned Standing Counsel for the Coconut
Development Board submits that this issue was not considered by
this Court and therefore, no contempt would arise.
However, we have seen that no orders have been passed by the
respondent in compliance with the direction of this Court, merely for
the reason that the petitioner has been promoted prior to judgment,
will not absolve the respondent from complying with the judgment.
The selection which was the subject matter of the original petition
was for appointment through direct recruitment, not in the channel
of promotion. Therefore, we direct the respondent to comply with
the directions in the original petition within one week from today.
Post on 12.06.2024
Sd/-
A.MUHAMED MUSTAQUE,
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN,
JUDGE
RK
05-06-2024 /True Copy/ Assistant Registrar
