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.
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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
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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/
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