High Court Kerala High Court

C.Rajesh vs Sivasankara Menon on 13 November, 2008

Kerala High Court
C.Rajesh vs Sivasankara Menon on 13 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 1407 of 2008(S)


1. C.RAJESH, 39 YEARS
                      ...  Petitioner

                        Vs



1. SIVASANKARA MENON, SECRETARY, MINISTRY O
                       ...       Respondent

2. R.SWAMINATHAN,

3. SREEKUMAR, PASSPORT OFFICER,

                For Petitioner  :SRI.M.A.SHAFIK

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :13/11/2008

 O R D E R
                 H.L.DATTU, C.J. & A.K.BASHEER, J.
               - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                        Cont.Case (c).No.1407 OF 2008
               - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                 Dated this the 13th day of November, 2008

                                    JUDGMENT

H.L.DATTU, C.J.

Inter alia alleging that the respondents have disobeyed the

positive orders and directions issued by this Court while disposing of

W.P.(C).No.34447/2001, the petitioners in the writ petition have

presented this contempt petition.

(2) The respondents have entered appearance through their

learned counsel.

(3) The learned counsel appearing for the respondents informs

us that during the pendency of the contempt petition, the Passport

Officer/respondent has passed an order dated 7.11.2008 and copy of the

order is also produced before us. The same is as under:-

“In compliance with the judgment dated
18.12.2007 of the Hon’ble High Court of Kerala in
W.P.(C).No.34447/2001 and Ministry of External
Affairs fax Msg. No………… dated 06.11.2008, the
following persons who were engaged as casual
labourers several years ago are granted temporary
status with reference to DOPT O.M.No.51016/2/96-
Estt ( c ) dated 10.09.1993.

                Sl.No.                          Name

                  1.                        Shri C. Rajesh
                  2.                        Anoop Babu K.

                                         2
C.O.C.NO.1407/08

                 3.                 Smt. K.P. Bindu
                 4.                 Sheeja T.
                 5.                 Smt. Viji. V.

                2.    They are also reinstated from the date       they

report for duty. They will be paid wages and other benefits
as admissible from the date of joining.

3. However, this order is subject to the outcome of the
Special Leave Petition being filed, on the advice of the
Ministry of Law & Justice, by the Ministry of External Affairs
in the Supreme Court. Therefore, the seniority, arrears of pay
and other back benefits if any admissible would be paid/settled
only after the judgment on the SLP by the Supreme Court, on
the basis of the outcome of SLP”.

(4) In view of the orders passed by the respondent, in our opinion there is

substantial compliance with the orders and directions issued by this Court.

(5) In that view of the matter, nothing survives in the contempt petition

for our consideration and decision as of now. Therefore, the contempt petition

is closed.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE
cl/dk.

3
C.O.C.NO.1407/08