High Court of KeralaCon.Case(C)/254/2015closed

Bindu K. Unnithan v. Shri.P.S.Mathew

2015-06-02Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Con.Case(C).No. 254 of 2015 (S) IN WA.1710/2009 ------------------------------------------------- AGAINST THE JUDGMENT DATED 24/10/2014 IN WA 1710/2009 AGAINST THEJUDGMENT IN WP(C) 32809/2008 of HIGH COURT OF KERALA DATED 29/06/2009 ...............

PETITIONER :

---------------- BINDU K. UNNITHAN AGED 39 YEARS D/O.KUMARAN UNNITHAN, LOWER GRADE HINDI TEACHER S.R.V.U.P SCHOOL, PERUMPULICKAL, MANNAM NAGAR P.O PANDALAM, RESIDING AT SREE BHAVAN, PONGALADI PARANTHAL P.O, PANDALAM.

BY ADV. SRI.B.UNNIKRISHNA KAIMAL RESPONDENTS :

--------------------

1. SHRI.P.S.MATHEW DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA AT THIRUVALLA 689 101.

2. N.PRABHAKUMARI ASSISTANT EDUCATIONAL OFFICER, PANDALAM 689 501. BY SPL.GOVERNMENT PLEADER, SMT. GIRIJA GOPAL THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Civil) No. 254 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2015

JUDGMENT

Shaffique, J.

The petitioner has approached this Court alleging contempt on the ground that direction issued as per judgment dated 24.10.2014 in W.A. No.1710 of 2009 has not been complied with. The operative portion of the judgment reads as under:

"We, therefore, allow the appeal, set aside the judgment of the learned Single Judge and direct that respondents 2 and 3 will pass appropriate orders enabling the appellant to claim full time benefits w.e.f. 15.07.2007 till 15.07.2012, when she was made a full time teacher."

2. It is submitted by learned counsel for the petitioner that the complainant had filed I.A. No.171 of 2015 stating that during the pendency of the contempt petition, an order has been passed by the Assistant Educational Officer on 31.03.2015 sanctioning Full Time benefit to the petitioner from 15.07.2007 to 14.07.2012 in the scale of pay in force. But complaint of the petitioner is that no payment has been effected so far.

Contempt Case (Civil) No. 254 OF 2015 -:2:- In fact the Court directed the respondents to pass orders enabling the petitioner to claim Full Time benefit. Since the order has already been passed as per Annexure V order dated 31.03.2015, we are of the view that the direction issued by this Court had already been complied with and there is no willful contempt in order to proceed further. Accordingly, we close the Contempt Case.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/03/06