High Court Kerala High Court

K.Vijaya Kumar vs Sri.K.J.Mathew on 23 January, 2007

Kerala High Court
K.Vijaya Kumar vs Sri.K.J.Mathew on 23 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 1427 of 2006(S)


1. K.VIJAYA KUMAR, S/O.G.KUTTAN NAIR,
                      ...  Petitioner
2. SABU VALERIAN, S/O.VALERIAN,

                        Vs



1. SRI.K.J.MATHEW, S/O.NOT KNOWN TO
                       ...       Respondent

2. DR.MURUKAN ASSARI, S/O.NOT KNOWN

                For Petitioner  :SMT.V.P.SEEMANDINI (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.V.K.BALI
The Hon'ble MR. Justice M.RAMACHANDRAN

 Dated :23/01/2007

 O R D E R
              V.K.BALI,C.J. & M. RAMACHANDRAN, J.

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

              Cont.Case (C) No. 1427 of  2006 - S

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

         Dated this the  23rd  day of  January, 2007


                           J U D G M E N T

Ramachandran, J.

By a short judgment in a writ petition (WP(C)

No.2270 of 2005) filed by the petitioner who had claimed

consequential benefits passed by the Government which

might have been available in view of the Government

Orders regularising the service effective from the date of

appointment, it had been directed that needful had to be

done within the time prescribed. In fact there was a

general direction which would have been beneficial to

others as well.

2. Finding that there are no follow orders, this

application has been filed alleging that there was necessity

to initiate contempt proceedings. The learned Judge had

referred the matter to a Bench when it was found that there

was ex facie non-compliance. An affidavit has been filed

however on 15.01.2007 by the Former Director of Higher

Secondary Education pointing out that he had taken all

Cont.Case ) NO.1427 of 2006

:-2-:

steps for complying with the direction. The Principal

Secretary to Government filed a separate affidavit dated

13.1.2007 wherein he had apologised for his conduct in

delaying the matter. It had been indicated that the

Accountant General had issued pay slips to the

petitioners.

3. We therefore close the petition as no

contumacious conduct is seen, but simultaneously, keep

in tact whatever rights the petitioner may have to take

up the issue in case there is non-compliance of the

judgment in text and spirit.

V.K.Bali

Chief Justice

M. Ramachandran

Judge

Mbs/

Cont.Case ) NO.1427 of 2006

:-3-:

Cont.Case ) NO.1427 of 2006

:-4-: