IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Con.Case(C).No. 1004 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT IN WPC.8142/2008 Dated 02/04/2008 .................... PETITIONER/PETITIONER ----------------- DR.K.A.BEENA,ASST.INSURANCE MEDICAL OFFICER, E.S.I. DISPENSARY, PUNKUNNAM, TRICHUR BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI RESPONDENTS/RESPONDENTS ------------- 1. C.V.VISWANATHAN, SECRETARY TO GOVERNMENT, LABOUR(F) DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM 2. T.C.GOYAL, S/O.TORN CHAND GOYAL 53 YEARS, FINANCE DEPARTMENT GOVT.SECRETARIAT, TRIVANDRUM. 3. V.A.JOHN, DIRECTOR OF INSURANCE MEDICAL SERVICES, TRIVANDRUM. BY SPL.GP. SRI.MANOJ KUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Cont.Case (C).1004/2008 -------------------- Dated this the 11th day of July, 2008 JUDGMENT It has been made clear in the judgment that orders are to be passed by the Government in the matter of request made by the petitioner for the second time bound Higher Grade, with effect from 4.1.2006. I have also indicated that there is no reason why the petitioner should not be granted the said second time bound Higher Grade, prima facie, with effect from the date as mentioned in the judgment. The recommendations made by the Director shall also be kept in mind. An option has already been exercised in this regard by the petitioner and therefore, it is difficult to understand as to why an option is again sought in Annexure-A2, since the Government is directed to take a decision on the option already exercised by the petitioner. There is no reason why the petitioner shall be called upon to file a fresh option. Learned Government Pleader submits that decision shall be taken in terms of the directions issued in the C.O.C.1004/2008 2 judgment on merits and if there is any reason why the request is not to be accepted, specific reason shall also be given in this regard. It is also submitted that orders shall necessarily be passed by 20.7.2008 and shall be communicated to the petitioner. Submission is recorded. Contempt of Court case is accordingly closed. V.GIRI, Judge mrcs