High Court of KeralaCon.Case(C)/1014/2014closed

Dr.M.Suresh Kumar v. Dr.Elongovan

2015-08-20Honourable Mr.Justice P.N.Ravindran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Con.Case(C).No.1014 of 2014 (S) IN WP(C).6897/2013 ----------------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 6897/2013 of HIGH COURT OF KERALA DATED 09-06-2014 PETITIONER(S)/PETITIONERS 1, 4, 15 AND 16 IN THE WRIT PETITION: ------------------------------------------------------------------------------------------------------------------------

1. DR.M.SURESH KUMAR, AGED 53 YEARS S/O.MADHAVAN PILLAI, HOMOEO MEDICAL OFFICER (AYUSH) GOVERNMENT TALUK HOMOEO HOSPITAL, ATTINGAL THIRUVANANTHAPURAM.

2. DR.LEKHA.G, AGED 39 YEARS W/O.P.A.KUMARAN, HOMOEO MEDICAL OFFICER (AYUSH) GOVERNMENT TALUK HOMOEO HOSPITAL, MUVATTUPUZHA ERNAKULAM DISTRICT.

3. DR.PRAMEELA.S.M, AGED 44 YEARS D/O.MADHAVAN, HOMOEO MEDICAL OFFICER (AYUSH) GOVERNMENT HOMOEO HOSPITAL, KOTTAYAM.

4. DR.MINIMOL VARKEY, AGED 46 YEARS W/O.RAJAN VARGHESE, HOMOEO MEDICAL OFFICER (AYUSH) GOVERNMENT DISTRICT HOIMOEO HOSPITAL, PULLEPPADY ERNAKULAM DISTRICT.

BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS/SECRETARY OF THE FIRST RESPONDENT IN THE WRIT PETITION AND THE SECRETARY OF THE 16TH RESPONDENT IN THE WRIT PETITION: --------------------------------------------------------------------------------------------------------------

1. DR.ELONGOVAN, AGE NOT KNOWN TO PETITIONER, S/O.NOT KNOWN TO PETITIONER, SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. NILANJAN SANYAL, AGE NOT KNOWN TO PETITIONER, S/O.NOT KNOWN TO PETITIONER, SECRETARY TO GOVERMENT OF INDIA, MINISTY OF HEALTH & FAMILY WELFARE DEPARTMENT OF AYUSH NEW DELHI-110 001.

R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY GOVERNMENT PLEADER SMT.ROSE MICHAEL.

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Con.Case(C).No.1014 of 2014 (S) APPENDIX PETITIONERS' ANNEXURES:

ANNEXURE 1: COPY OF THE INTERIM ORDER DATED 9.6.2014 PASSED BY THIS HONOURABLE COURT IN WPC NO.6897/13.

ANNEXURE 2: COPY OF NOTICE DATED 8.8.2014 ISSUED TO THE FIRST RESPONDENT. ANNEXURE 3: COPY OF NOTICE DATED 8.8.2014 ISSUED TO THE 2ND RESPONDENT. ANNEXURE 4: COPY OF THE FAX COMMUNICATION DATED 5-8-2014 ISSUED BY THE DIRECTOR OF DEPARTMENT OF AYUSH.

ANNEXURE 5: COPY OF COUNTER AFFIDAVIT FILED BY GOVERNMENT OF INDIA IN WPC NO.6897/13, WITHOUT EXHIBITS.

RESPONDENTS' ANNEXURES:

ANNEXURE R1(a):

COPY OF LETTER NO.NRHM/5269/SPM (AYURVEDA)/2013/SPMSU DATED 30.9.2014 ISSUED FROM STATE PROGRAMME MANAGER (HOMOEO) NATIONAL RURAL HEALTH MISSION.

ANNEXURE R1(b):

COPY OF LETTER NO.R. 14015/05/2011- H&D CELL DATED 2.12.2014 ISSUED FROM STATE PROGRAMME MANAGER (HOMOEO) NATIONAL RURAL HEALTH MISSION.

ANNEXURE R1(c):

COPY OF LETTER NO.7.COORD/2012 DATED 14.11.2012 ISSUED BY DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA.

ANNEXURE R1(d):

COPY OF UTILIZATION CERTIFICATE SUBMITTED DATED WISE. ANNEXURE R1(e):

COPY OF DETAILS OF UTILIZATION CERTIFICATES STILL PENDING.

ANNEXURE R1(f):

COPIES OF COMMUNICATIONS DATED 23.2.2014, 7.9.2013, 20.8.2013, 15.7.2013, 14.11.2013, 28.6.2013, 25.2.2014, 31.12.2013. /TRUE COPY/ P.A. TO JUDGE VPV

P.N.RAVINDRAN, J.

=-=-=-=-=-=-=-=-=-=-= C.O.(C) No.1014 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of August, 2015

JUDGMENT

This Contempt Case is filed alleging that the respondents herein have willfully disobeyed Annexure 1 interim order passed by this court on 9.6.2014 in W.P.(C)No.6897 of 2013. When this Contempt Case came up for hearing today, it was agreed by and between the parties that except a nominal amount remaining to be paid to one among the petitioners herein, the entire arrears of salary have been disbursed. In such circumstances, I find no grounds to proceed further with this Contempt Case. It is accordingly closed, reserving liberty with such of those petitioners who are yet to receive payment, to pursue other appropriate remedies.

Sd/- P.N.RAVINDRAN JUDGE /true copy/ P.A. To Judge vpv