IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 Con.Case(C).No. 1083 of 2009(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16889/2009 Dated 18/06/2009 .................... PETITIONER(S): --------------- SHIBU K., S/O. ANDIKUTTY, AGED 33 YEARS, NOW WORKING AS H.S.A. (MALAYALAM), NANMINDA HIGHER SECONDARY SCHOOL, NANMINDA P.O., KOZHIKODE, PIN 673 613., BY ADV. SRI.P.J.MATHEW SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- K.N. RADHA, NOW WORKING AS THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT. BY SR. GOVT. PLEADER SRI. K.C.SANTHOSH KUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- Cont. Case (C) No. 1083 OF 2009 -------------------------- Dated this the 7th day of January, 2010 J U D G M E N T Heard Sri. P.J.Mathew, the learned counsel appearing for the petitioner and Sri. K.C.Santhosh Kumar, the learned senior Government Pleader appearing for the respondent. 2. By Annexure A1 judgment delivered on 18.6.2009 in W.P. (C) No.16889 of 2009, this Court directed the third respondent therein to pass revised orders on the proposal submitted by the Manager to approve the petitioner's appointment expeditiously and in any event within six weeks from the date of receipt of a certified copy of the judgment. It is stated that notwithstanding the submission of a certified copy of the said judgment, even after the expiry of the time limit stipulated therein, the respondent the District Educational Officer, Thamarassery, has not passed orders in the matter. 3. The learned senior Government Pleader appearing for the respondent submits that Special Leave Petitions have been filed before the Apex Court canvassing the correctness of the decision of the Division Bench of this Court in Unni Narayanan v. State of Cont. Case. No.1083/09 2 Kerala (2009 (2) KLT 604) and that was the reason why Annexure A1 judgment was not complied with. It is now brought to my notice that in similar circumstances when proceedings under the Contempt of Courts Act were initiated against other educational officers alleging non-compliance with similar directions issued relying on the decision in Unni Narayanan v. State of Kerala (supra), this Court has directed the education officers, against whom contempt of court proceedings were initiated, to pass appropriate orders as directed by this Court in the matter of approval of appointment subject to the outcome of the Special Leave Petitions filed by the State of Kerala from the decision of the Division Bench of this Court in Unni Narayanan v. State of Kerala (supra). A copy of the judgment delivered on 21.12.2009 in Contempt Case No.1002 of 2009 and connected cases was also brought to my notice. In such circumstances, I dispose of this Contempt Case with a direction to the respondent to pass orders as directed by this Court in Annexure A1 judgment subject to the result of the Special Leave Petitions fled by the State of Kerala from the decision of the Division Bench of this Court in Unni Narayanan v. State of Kerala (supra). Cont. Case. No.1083/09 3 Salary and allowances shall be disbursed to the petitioner on her executing an undertaking before the educational officer concerned that in the event of the Special Leave Petitions being allowed and the decision of this Court in Unni Narayanan v. State of Kerala (supra) being reversed, he will without demur refund the salary and allowances drawn by him. P.N.RAVINDRAN, JUDGE vps