Daisy Philip @ Jessy Joseph v. Dr.Razia Konthalam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 Con.Case(C).No. 1161 of 2015 (S) ------------------------------------------------- AGAINST THE ORDER IN O.P(KAT)NO.30 OF 2015 ------------------- PETITIONER(S)/PETITIONER IN O.P(KAT) :

-------------------------------------------------------------- DAISY PHILIP @ JESSY JOSEPH, AGED 40 YEARS, W/O.PHILIPOSE, PUTHENPURAYIL, PAINGOTTOOR P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT.

BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S)/3RD RESPONDENT IN O.P(KAT) :

---------------------------------------------------------------------------- DR.RAZIA KONTHALAM, AGED 54 YEARS, W/O.ABDUL RAHIMAN RAWTHER, DISTRICT ANIMAL HUSBANDRY OFFICER, ERNAKULAM DISTRICT- 682 030.

BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

Con.Case(C).No. 1161 of 2015 (S) ------------------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE I:

A TRUE COPY OF THE ORDER IN O.A.NO.1966/2014 DATED 13.01.2015 OF THE KERALA ADMINISTRATIVE TRIBUNAL.

ANNEXURE II:

A TRUE COPY OF THE INTERIM ORDER DATED 27.02.2015 IN O.P (KAT) NO.30 OF 2015.

ANNEXURE III:

A TRUE COPY OF THE INTERIM ORDER DATED 30.03.2015 IN O.P (KAT) NO. 30 OF 2015.

ANNEXURE IV:

A TRUE COPY OF THE ORDER DATED 18.04.2015 ISSUED BY THE RESPONDENT.

ANNEXURE IV(A):

A TRUE COPY OF THE ENGLISH TRANSLATION ANNEXURE-IV.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

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

* * * * * * * * * * * * * Cont.Case No.1161 of 2015 ---------------------------------------- Dated this the 11th day of September 2015

J U D G M E N T

Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned Government Pleader.

2.

This contempt application has been filed alleging noncompliance of the interim order dated 27/02/2015 and 30/03/2015 in O.P (KAT) No.30/2015. On 27/02/2015, an interim order was passed for provisionally considering the petitioner's candidature from the open market, though not sponsored by the employment exchange. Subsequently, on 30/03/2015, another interim order was passed that if the petitioner was found fit following the consideration, let her be appointed provisionally. 3.

The learned counsel for the petitioner refers to Annexure IV order dated 18/04/2015, where an order has been issued taking into consideration the interim order dated 27/02/2015 and 30/03/2015 passed in the writ petition. From the order passed by the authorities, we do not see any deliberate

disobedience of the interim order. The writ petition being still pending, it is open for the petitioner to take appropriate pleadings in the pending writ petition. We are of the view that the present contempt application deserves to be rejected and hence the same is closed.

(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr