Kerala High Court
P. Muralidharan vs Sri Shanavas S., Ias on 12 June, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
CON.CASE(C) NO. 1420 OF 2024
ORDER DATED 18.10.2022 IN WP(C) NO.32716 OF 2022
PETITIONER/PETITIONER IN WP(C):
P. MURALIDHARAN
AGED 54 YEARS
S/O. NARAYANAN NAIR, MANAGER, KADAMBUR HIGHER SECONDARY
SCHOOL, KADAMBUR, KANNUR DISTRICT-679663, RESIDING AT
MURALI NIVAS, KADAMBUR-P.O., KANNUR DISTRICT, PIN -
670663
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
RESPONDENTS/RESPONDENTS 1 AND 2:
1 SRI SHANAVAS S., IAS
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),
DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR
OF GENERAL EDUCATION, JAGATHY, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
2 SRI. K.R. MANIKANDAN
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,
PAYYAMBALAM, KANNUR, PIN - 670001
OTHER PRESENT:
SRI UNNIKRIAHNA KAIMAL, SR. GP.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Cont.Case(C) No.1420 of 2024 2
JUDGMENT
This contempt case is filed alleging non-compliance of the directions
issued by this Court by the interim order dated 18.10.2022.
2. This Court, after taking note of Ext.P23 issued by the 1st
respondent, directed the RDD to take steps to issue staff fixation orders
for the Higher Secondary Section of the school from 2014-2015 onwards
and directed the RDD to give effect to the directions. This Court had also
directed that while carrying out the staff fixation, the RDD need not be
detained by the pendency of the departmental proceedings and also the
sanctity of the fitness certificate issued by the local authority.
3. The learned Government Pleader pointed out that in terms of
the directions, the staff fixation orders have been issued for the period
from 2014-2015 to 2021-2022.
4. The grievance of the petitioner is that pursuant to the
issuance of Annexure-II order, the petitioner produced the fitness
certificate of the subsequent years. However, he states that the staff
fixation orders for the academic year 2022-2023 and 2023-2024 have not
been issued by the 2nd respondent.
5. Having considered the submissions advanced, I find that by
issuance of Annexure-II order, the directions issued by this Court have
been substantially complied with. For matters that have transpired
pursuant to the issuance of Annexure-II, it is for the petitioner to raise his
contentions and secure appropriate orders in the writ petition which is still
pending consideration of this Court.
In that view of the matter, I am of the view that no case of
contempt has been made out.
This Contempt Case is closed.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
APM/12/6/24
APPENDIX OF CON.CASE(C) 1420/2024
PETITIONER ANNEXURES
Annexure I CERTIFIED COPY OF THE INTERIM ORDER DATED
18.10.20222 IN WP(C) NO. 32716/2022 PASSED BY
THIS HON'BLE COURT
Annexure II TRUE COPY OF THE ORDER NO. B3/6666(A)/2021
DATED 18.11.2022 ISSUED FROM THE OFFICE OF
THE 2ND RESPONDENT
Annexure III TRUE COPY OF THE FITNESS CERTIFICATE NO.
AE/LSGD/KGP/75/2023 DATED 22.3.2024 ISSUED BY
THE ASSISTANT ENGINEER, LSGD SECTION,
KADAMBUR GRAMA PANCHAYAT WITH ENCLOSURES
Annexure IV TRUE COPY OF THE LETTER NO. KHSS-SHSS
-115/2023 DATED 27.03.2024 ISSUED BY THE
PETITIONER
Annexure V TRUE COPY OF THE LETTER NO. KHSS-HSS-115/2023
DATED 23.05.2024 ISSUED BY THE PETITIONER
