IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 Con.Case(C).No. 518 of 2011(S) ---------------------------------------------- AGAINST THE JUDGMENT/ORDER IN WPC.467/2011 DATED 06/04/2011 .................... PETITIONER/PETITIONER IN WP(C): ---------------------------------------------------- SUNIL. V.R., S/O.RAJAPPAN, AGED 40, VALIYA VEETIL, EDAVANAKKAD. P.O., ERNAKULAM-682 502. BY ADV. SMT.P.V.ASHA RESPONDENT/1ST RESPONDENT IN WP(C): ---------------------------------------------------------------- SRI.JOHNY K.JOHN, (FATHER'S NAME AND AGE NOT KNOWN TO PETITIONER), DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. PIN-695 001. BY GOVT. PLEADER MR.V. VIJULAL. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs Con.Case(C).No. 518 of 2011(S) APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: COPY OF THE COUNTER AFFIDAVIT DATED 06/04/2011. ANNEXURE A2: COPY OF THE JUDGMENT DATED 06/04/2011 IN WP(C) NO. 467/2011. ANNEXURE A3: COPY OF THE LETTER DATED 14/05/2011 OF THE RESPONDENT ALONG WITH PROFORMA. ANNEXURE A4: COPY OF THE LETTER DATED 16/11/2010 OF THE PRINCIPAL. ANNEXURE A5: COPY OF THE LETTER DATED 18/11/2010 OF THE PRINCIPAL. RESPONDENTS ANNEXURES: ANNEXURE I: COPY OF THE PROFORMA SEND ALONG WITH ANNEXURE A3(1). //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Contempt of Court Case No.518/2011-S ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of July, 2011 J U D G M E N T Alleging disobeyance of the directions in Annexure-A2 Judgment, this Contempt of Court Case has been filed. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. The learned Government Pleader submitted that two vacancies have been reported on 01/06/2011 in the proforma prescribed, to the Public Service Commission. In that view of the matter, it is pointed out that there cannot be any grievance for the petitioner. 4. The learned counsel for the petitioner pointed out that the writ petition itself was disposed of in the light of the averments in the counter affidavit which is produced as Annexure-A1. It is noted in second paragraph of the Judgment also that “in paragraph (6) of the counter affidavit, it is stated that the existing vacancies of Vocational Instructor in Fisheries in VHSE are only 2”. Accordingly, this Court C.O.C. No.518/2011 -:2:- directed the respondent to report two vacancies to the P.S.C. The learned counsel for the petitioner further pointed out that but for the extension of the period of the ranked list which was expiring on 30/05/2011, the petitioners would have landed in trouble. It is therefore, pointed out that the attitude taken by the respondent clearly amounts to contempt of this Hon'ble Court. 5. In the affidavit filed before this Court by the respondent on 02/06/2011, it is stated that the vacancies were reported as anticipated since vacancies reported are resignation vacancies and approval of the same is not granted since they have not given resignation letter as per law. The same is contrary to the averments in the counter affidavit of the writ petition. In paragraph (6) of Annexure-A1 counter affidavit, after stating that there are no qualified hands available for promotion, it is specifically averred that steps have been taken to report the vacancies to the P.S.C for direct recruitment. Therefore, in normal circumstances, the filing of the C.O.C. No.518/2011 -:3:- affidavits reflecting contrary stands would have invited action under the Contempt of Court Act. But things have been now rectified by properly reporting the vacancies to the Commission. In that view of the matter, as the petitioner will be benefited by reporting of the vacancies, no further action in the matter is necessary and as there is compliance of the directions now. There should have been proper attention when the affidavit was filed in the Contempt Case. The Contempt of Court Case is accordingly closed. Sd/- (T.R. Ramachandran Nair, Judge.) ms