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High Court of KeralaCon.Case(C)/934/2014closed

Divya Joseph v. Sri.K.M.Abraham

2015-10-15Honourable Mr.Justice P.N.Ravindran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 Con.Case(C).No. 934 of 2014 (S) IN WP(C).6335/2013 ---------------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 6335/2013 of HIGH COURT OF KERALA DATED 31.7.2014 PETITIONER(S)/PETITIONER:-:

---------------------------------------------------- DIVYA JOSEPH S/O.JOSEPH, ASSISTANT PROFESSOR DEPARTMENT OF COMMERCE, KURIAKOSE ELIAS COLLEGE MANNANAM, KOTTAYAM.

BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S/RESPONDENTS 1 AND 3:-:

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1. SRI.K.M.ABRAHAM ADDITIONAL CHIEF SECRETARY TO GOVERNMENT IN CHARGE OF SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM.

2. DR.D.G.RADHAKRISHNAN, THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOTTAYAM.

R1-R2 BY ADV. GOVERNMENT PLEADER SHRI E.M. ABDUL KHADIR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.N.RAVINDRAN, J.

=-=-=-=-=-=-=-=-=-=-=-= C.O.(C)No.934 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th October, 2015

JUDGMENT

This contempt case is filed alleging that the respondents herein have willfully violated Annexure-A1 judgment delivered by this court on 31.7.2014 in W.P.(C)No.6335 of 2013. By that judgment, I directed the Deputy Director of Collegiate Education, Kottayam to disburse arrears of salary and allowances to the petitioner for the period from 4.6.2012 till 30.6.2014 within one month from the date of receipt of the salary bill from the Principal of the College. I had also directed that the salary for the month of July, 2014 shall be paid within two weeks from the date on which the salary bill for July 2014 is submitted by the Principal of the College. The allegation in the instant contempt case is that though the salary for the month of July, 2014 was paid and salary for the succeeding months was also paid, arrears of salary has not been paid to the petitioner.

2. When this contempt case came up for hearing on 22.9.2015, learned counsel on both sides brought to my notice that challenging the judgment in the writ petition, the State of Kerala and

C.O.(C)No.934 of 2014 the Deputy Director of Collegiate Education, Kottayam have filed W.A.No.1612 of 2015 and that a Division Bench of this court has, by an interim order passed on 18.9.2015 in the said writ appeal, granted two weeks time from that day to the appellants in the writ appeal to comply with the direction issued by me in Annexure A1 judgment. A copy of the said order was also made available for perusal. Having regard to the aforesaid development, I adjourned the contempt case to today. Today, when the contempt case came up for hearing, learned Government Pleader appearing for the State of Kerala and the Deputy Director of Collegiate Education submitted that arrears of salary for the period commencing from 4.6.2012 and ending with 31.7.2015 has been disbursed to the petitioner.

Learned counsel for the petitioner did not dispute the said submission. In such circumstances, I am of the considered opinion that no further orders are called for in this contempt case. It is accordingly closed, reserving liberty with the petitioner to move an appropriate application in W.A. No.1612 of 2015, if the salary and allowances for the period after 31.7.2015 have not been disbursed to her. P.N.