IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Con.Case(C).No. 437 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT IN WA.2192/2006 Dated 24/05/2007 .................... PETITIONER(S): PETITIONER ---------------------- SASIKALA.C., SHED NO. 54/41, GOKULAM VEEDU, PERUMANOOR, KONATHPADY, KOCHI-15. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): ----------------------- SMT.GIRIJA DEVI.D.S., CHIEF ENGINEER, DISTRIBUTION CENTRAL, KERALA STATE ELECTRICITY BOARD, FORESHORE I.B., FORESHORE ROAD, ERNAKULAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, Ag.C.J. & C.N.RAMACHANDRAN NAIR, J. ------------------------------- Contempt Case (C) No.437 of 2008 ------------------------------- Dated this the 15th day of February, 2010 J U D G M E N T Raman, Ag.C.J. . The petitioner herein was a sweeper who has approached this Court seeking a writ of mandamus directing the respondent Board to enable her to continue in service as sweeper and also for other consequential reliefs. The learned Single Judge has disposed of the writ petition holding that if the Kerala State Electricity Board adopts the Government Order, GO(P) No.501/05/Fin. dated 25.11.2005, the direction of the learned Single Judge would not affect her right to claim the benefit of that G.O. for regularisation in service. An appeal was also filed against the said judgment as W.A.No.2192 of 2006. The Division Bench had disposed of the same, by judgment dated 24.5.2007, stating that it is for the Board to take a decision as to whether the Government Order has been made applicable to the Board or not, and accordingly directed the Board to take a decision in the COC.No.437 of 2008 2 matter, within a period of two months from the date of receipt of that judgment. Subsequently, an interlocutory application, I.A.No.606 of 2007, has been filed in the writ appeal and the same was also disposed of by this Court on 30.7.2007, whereby a direction was given to the Board to take into account Annexure A1 order also while passing orders as directed in the writ appeal judgment. Alleging that even after a lapse of reasonable time, the Board has not passed any final orders as directed by this Court in the writ appeal, this contempt application is filed. 2. A counter affidavit is filed producing the order now passed, though the same was not passed within the prescribed time limit. According to the learned counsel appearing for the petitioner, Annexure-A1 order referred to in the subsequent order by the Division Bench has not been taken into account while passing the order now produced along with the counter affidavit. 3. However, we find prima facie that the said order has been referred to in the body of the order now passed, COC.No.437 of 2008 3 which is produced as Ext.R1(a). In such circumstances, leaving open the right of the petitioner to challenge the said order, we find, at this stage, no reason to proceed with the contempt application. The contempt application is accordingly closed. P.R.RAMAN, Ag. CHIEF JUSTICE C.N.RAMACHANDRAN NAIR, JUDGE nj.