IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 Con.Case(C).No. 236 of 2011(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.2616/2010 Dated 28/01/2010 .................... PETITIONER/PETITIONER ------------------------------------- JOSE THOMAS, AGED 46 YEARS, S/O. CHERIYAN THOMAS, UPPER DIVISION CLERK, PUBLIC WORKS DEPARTMENT, SPECIAL BUILDINGS SECTION, PATHANAMTHITTA. BY ADVS. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENT/1ST RESPONDENT ---------------------------------------------- SRI. BISWANATH SINHA, IAS, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.T. RAVIKUMAR, J. -------------------------------------------- C.O.(C). NO.236 OF 2011 -------------------------------------------- Dated this the 4th day of April, 2011 JUDGMENT It is alleging non-compliance with the specific directions in Annexure-B judgment dated 28.1.2010 in W.P.(C).No.2616/2010 that this C.O.(C) has been filed. As per the said judgment, this Court directed the first respondent therein to consider Ext.P5 submitted by the petitioner with notice to those persons who are likely to be affected in case the contentions raised in Ext.P5 are accepted by the Government and pass orders thereon. Further, it was held thereunder that any promotion effected pending consideration of Ext.P5 would be subject to the result of Ext.P5. Along with the affidavit, the respondent has produced G.O(Rt).No. 437/2011 PWD dated 1.3.2011. The said order would reveal that it was passed by the respondent after consideration of Ext.P5 filed by the petitioner which was directed to be considered in Annexure-B judgment. It is thus obvious that the respondent has complied with the directions in the aforesaid judgment and considered Ext.P5. In view of the said position, this C.O.(C) is closed. In case the petitioner is aggrieved by the C.O.(C) NO.236/2011 2 order dated 1.3.2011 passed by the Government after consideration of Ext.P5 in terms of the directions in Annexure-B judgment, it will be open to him to challenge it in appropriate proceedings. (C.T. RAVIKUMAR, JUDGE) spc C.O.(C) NO.236/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010