IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Con.Case(C).No. 873 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.22780/2008 Dated 08/04/2009 .................... PETITIONER/IST PETITIONER IN WPC: ------------------------------------------ FR.JOSE KARUVELICKAL, AGED 49, S/O.SRI.GEORGE, GENERAL SECRETARY, KERALA SCHOOL MANAGER'S ASSOCIATION, BISHOP'S HOUSE, KARIMPAN, MANIPPARA, IDUKKI DISTRICT. BY ADV. SRI.BABU VARGHESE RESPONDENTS/RESPONDENTS 1 & 2: ------------------------------------------ 1. NEELA GANGADHARAN, I.A.S., (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), CHIEF SECRETARY TO THE STATE OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. JAMES VARHGESE, I.A.S. (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER, SRI. BENNY GERVASIS THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Civil) No. 873 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2010 JUDGMENT Ramachandra Menon, J. This Contempt Petition has been filed stating that the direction given by this Court as per judgment dated 08.04.2009 in W.P.(C) No.22780 of 2008 has not been complied with and that the disobedience is wilful, which is sought to be dealt with by taking appropriate proceedings against the respondents/contemnors. 2. On issuance of notice, the respondents have entered appearance and filed an affidavit dated 11.02.2010, explaining the facts and circumstances, also referring to the pendency of the matter before the Apex Court by way of S.L.P. No. 22260/09. 3. In the course of hearing, the learned Senior Government Pleader brought to the notice of this Court that the direction given by this Court with regard to the approval of the appointments already made is complied with and the CCC No. 873 of 2009 -:2:- payments due to the persons concerned have been effected subject to the outcome of the SLP pending before the Apex Court. The learned counsel for the petitioner also concedes the course of events in the above regard. In the above circumstances, we do not propose to proceed with the contempt matter and the same is closed. The rights and liberties of the parties concerned are left open, which of course will be subject to the outcome of the SLP stated as pending before the Apex Court. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb CCC No. 873 of 2009 -:3:-