IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Con.Case(C).No. 1249 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT IN WA.1582/1998 Dated 11/08/2003 .................... PETITIONER(S): --------------- 1. REENA ANTONY,POST GRADUATE TEACHER, (P.G.T) NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 44,D/O.K.J.ANTONY,ERATHARA HOUSE,KONTHURUTHY, KOCHI - 13(APPELLANT NO.2). 2. ELSIE BABU,POST GRADUATE TEACHER, (P.G.T) NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 46 YEARS,D/O.P.C.THOMAS,37/2370,JYOTHIS, AZAD ROAD,KALOOR.(APPELLANT NO.3) 3. U.SREENIVASAN,TRAINED GRADUATE TEACHER, (TGT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 42,S/O.UNNIKRISHNAN PANICKER,KRISHNA KRIPA, JAWAHAR ROAD,POONITHURA,KOCHI-38(APPELLANT NO.1) 4. RANJINI V,TRAINED GRADUATE TEACHER, (TGT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 43,D/O.VEDAVYASAN,KRISHNA KRIPA,OEN ROAD, KANNAMKULANGARA,TRIPUNITHURA.(APPELLANT NO.6) 5. MUMTHAS A.A,PRIMARY TEACHER (PRT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 40,D/O.A.K.CHEKUTTY,23/436,UNICHIRATHYKAVU ROAD,CHANGAPUZHA NAGAR P.O, KALAMASSERY. (APPELLANT NO.7) 6. PEARLY GEORGE,PRIMARY TEACHER (PRT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 49,D/O.P.C.GEORGE,PEARLY SHELL,VELI, PUTHUNAGARAM STREET,KOCHI.(APPELLANT NO.8) 7. INDIRA DEVI S,TRAINED GRADUATE TEACHER, (TGT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 43,D/O.C.R.DAMODARA PANICKER,ARTHANATTU, LAKSHMI VILAS,NADAMA, EROOR SOUTH,TRIPUNITHURA. (APPELLANT NO.9) COC 1249/08 8. SHINY JOSEPH,PRIMARY TEACHER, (PRT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 43,D/O.C.C.JOSEPH,EDAPPALLIMATTOM HOUSE, VADAVUKODU,KUNNATHUNADU,ERNAKULAM.(APPELLANT NO.10 9. J.P.JOSE,POST GRADUATE TEACHER, (PGT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 53,S/O.JOSEPH CHUMMAR,12/95B,VAZHAKKALA, KAKKANAD WEST,ERNAKULAM,(APPELLANT NO.12). 10. NANCY THOMAS,TRAINED GRADUATE TEACHER, (TGT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 54,D/O.THUNDIL EAPPAN VARGHESE,30/1087C, PERAKKATTU HOUSE,COSMOS ROAD,VYTTILA. (APPELLANT NO.14) 11. JAYASHREE RAJAGOPAL,TRAINED GRADUATE TEACHER,(PRT), NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 55,14,D/O.K.K.NARAYANAN,SAYUIJYAM VRINDHAVAN, SUBHASH ROAD,VYTTILA.(APPELLANT NO.15) 12. RAJITHA VELAYUDHAN,PRIMARY TEACHER (PRT) NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 50,D/O.C.VENUGOPAL KURUP,10/424A,GOKULAM, SASTHA LANE,EROOR SOUTH,TRIPUNITHURA. (APPELLANT NO.17) 13. JAYASREE K,PRIMARY TEACHER, (PRT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 44,D/O.V.K.NAIR,KAVYA,KUZHIPPILLY HOUSE, MANAPILLY ROAD,KOCHI.(APPELLANT NO.18) 14. ANILA BHAT K,PRIMARY TEACHER, (PRT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 51,D/O.K.N.LAKSHMANA,55/1012,CHETNA, THOMAS ROAD,ERNAKULAM,(APPELLANT NO.19) 15. SATHI MURALIDHARAN,PRIMARY TEACHER, NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 48,D/O.LATE P.K.VARIER,CPRA 137, CHAKKALAPADAM ROAD,KALOOR - 17.(APPELLANT NO.20) 16. LALYMOL MATHEW,TRAINED GRADUATE TEACHER (TGT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 42,D/O.N.A.MATHEW,KARUKAPALLY HOUSE, UDAYAMPEROOR,NADAKKAVU P.O,KOCHI.(APPELLANT NO.21) 17. JERCY V.KURIAKOSE,PRIMARY TEACHER (PRT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 42,D/O.V.J.KURIAKOSE,48/59B,KUZHIVELIL HOUSE, PERANDOOR ROAD,NORTH KALOOR.(APPELLANT NO.22) COC 1249/08 18. MINI P.R, TRAINED GRADUATE TEACHER, (TGT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 43,D/O.P.K.RAMAN,SADANAM AMBADIVELIYIL PONNAMVELI,P.O PATTANAKKADU P.O,CHERTHALA (APPELLANT NO.23) 19. SOOSI CHUMMAR,PRIMARY TEACHER (PRT)NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 45,D/O.K.U.CHUMMAR,VALIYAPRAMBIL HOUSE, TRIPUNITHURA,KANNAMKULANGARA,(APPELLANT NO.24) 20. ANNIAMMA JOSEPH,LOWER DIVISION CLERK, NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 45 YEARS D/O.T.CHACKO JOSEPH,MALAMAKKAL HOUSE,UPPUKANDOM, KATTAPPANA,IDUKKI.(APPELLANT NO.27) 21. S.SATHEESAN,LOWER DIVISION CLERK, NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 45 YEARS S/O.NARAYANAN SREEDHARAN,PALAYAKATHOODU, KOKKOTHAMANGALAM,VARANAD,CHERTHALA,ALAPPUZHA. (APPELLANT NO.28) 22. K.G.KERALEEYAN,PEON, NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 51 YEARS S/O.GOPALAN,KUMBALAPILLY,EDAPPALLY SOUTH, VENNALA,KANAYANOOR, ERNAKULAM (APPELLANT NO.30) 23. P.K.VELAYUDHAN,WATCHMAN, NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 49 YEARS S/O.P.C.KUNJU AYYAPPAN,PADINCHIRAYIL, MALAPALLIPURAM,KODNGALOOR,TRISSUR,(APPELLANT NO.31) 24. A.V.HARIHARAN,WATCHMAN, NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 59 YEARS S/O.VELU,ANDISHERYPARAMBIL,CHERANALOOR P.O, KOCHI,(APPELLANT NO.32). 25. MARY K.J, LAB ATTENDANT, NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 38 YEARS D/O.K.L.JOHN,THOTTAKATHU HOUSE,MARAKKAM LANE, KALOOR, (APPELLANT NO.37). 26. GANGA P.P,POST GRADUATE TEACHER, P.G.T, NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 35 YEARS D/O.P.N.PADMANABHAN NAIR,H5,SHASTRY NAGAR, KADAVANTHRA,KOCHI. 27. SHIREEN FRANCIS,POST GRADUATE TEACHER, P.G.T,NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 46 YEARS,D/O.ZACHARIAS SURRAO, PALAKKAPILLY HOUSE, CLINT ROAD,THEVARA P.O. COC 1249/08 28. BINDUMOL K,POST GRADUATE TEACHER,P.G.T NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI-14, AGED 40 YEARS D/O.GOPALAKRISHNAN NAIR,KOOTHAKARA, BINDHU HOUSE, NATTAKAM P.O,KOTTAYAM. 29. OMANA NAIR,TRAINE GRADUATE TEACHER,TGT, NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 44 YEARS D/O.N.C.NAIR,THONDUPARAMBIL HOUSE,KONTHURUTHY ROAD THEVARA. 30. PRIYA JUDE,TRAINED GRADUATE TEACHER,TGT NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 36 YEARS D/O.K.A.JOHN,601,VARUNA,KADAVANTHRA. 31. LEENA JOSEPHINE J.TRAINED GRADUATE TEACHER (TGT), NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 30 YEARS D/O.K.J.JOSEPH,KUMPILUNKAL HOUSE,AMALAGIRI,KOTAYAM 32. VEENA LAL,TRAINED GRADUATE TEACHER, (TGT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 36 YEARS,D/O.MOHANLAL SUKUMARAN,PARIJATH,CHERIVIKKAL LOYALA COLLEGE ROAD,SREEKARIYAM,THIRUVANANTHAPURAM 33. ANI SUSAN PHILIP,TRAINED GRADUATE TEACHER,(TGT), NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 43 YEARS D/O.P.K.THOMAS,PURACKAL,THEVARA,MALIACKAL ROAD, KANAYANOOR. 34. ELDHO K.JOSEPH,TRAINED GRADUATE TEACHER, (TGT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 43 YEARS,S/O.K.P.JOSEPH,26/639,KUZHIKKATIL HOUSE, CHAVARA ROAD,THEVARA. 35. ANNAMMA VARGHESE,PRIMARY TEACHER (PRT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 42 YEARS,D/O.P.S.GEEVARGHESE,26/552,PARAMBIL JERRY VILLA,YATCH CLUB ENCLAVE,THEVARA,KONTHURUTHY. 36. BETTY SKARIA,TRAINED GRADUATE TEACHER, (TGT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 47 YEARS,D/O.GEORGE M.V,HNVI/6,INDIRAGANDHI ROAD, WILLINGDON ISLAND NORTH P.O. 37. ASSUNTA JOSEPH,TRAINED GRADUATE TEACHER (TGT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 48 YEARS,D/O.JOSEPH SUNDAR RAJAN,14/796B,STATUE ROAD, CHULLIKAL P.O,RAMESWARAM. 38. BEENA THOMAS,TRAINED GRADUATE TEACHER, (TGT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 52 YEARS,D/O.P.O.THOMAS,THITTAYIL HOUSE,AZAD ROAD, KALOOR-17. COC1249/08 39. REMA NAIR,PRIMARY TEACHER , (PRT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 46 YEARS,D/O.M.RAGHAVAN NAIR,YESODALAYAM, CHERUKUNNU,KANNUR. 40. SINCY JOSEPH,TRAINED GRADUATE TEACHER, (TGT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 39 YEARS,D/O.C.J.JOSEPH,27/4136 E,MADONNA CASTLE, CANAL CROSS ROAD,PERUMANOOR P.O,THEVARA. 41. SMITHA BALACHANDRAN,PRIMARY TEACHER (PRT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 33 YEARS,D/.K.KUNHIRAMAN NAIR,SNRA 33,NANDANAM, SUVARNA NAGAR,EROOR WEST,TRIPUNITHURA. 42. REMA T.S,TRAINED GRADUATE TEACHER, (TGT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 43 YEARS,D/O.P.K.THANKAPPAN,ASWATHI,NADAMA,BHAVAS ROAD,EROOR WEST. 43. SHYAMA GOPINATH,TRAINED GRADUATE TEACHER (TGT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 51 YEARS,D/O.P.ANANDAN,SREEDEVI NIVAS,EARNAT, PALLURUTHY,KUMBALANGHI VAZHI. 44. SANTHOSH E.P,TRAINED GRADUATE TEACHER, (TGT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 38 YEARS,S/O.KUNHAMBU NAMBIAR,ARTHANAT, LAKSHMI VILAS, KEERTHI NAGAR,EROOR SOUTH,TRIPUNITHURA. 45. SINDHU BHASKAR,PRIMARY TEACHER, (PRT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 37 YEARS,D/O.MADHAVAN RAVINDRAN,52/1217,DEVI NIVAS, KONTHURUTHY ROAD,THEVARA,ERNAKULAM. 46. SINDHU K.V,PRIMARY TEACHER (PRT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 33 YEARS,D/O.K.VIJAYAPPA KAIMAL,37/1239, UNIDEC ENCLAVE,FATHIMA CHURCH ROAD,ELAMKULAM, VYTTILA-9. 47. JAYASREE K.V.P PRIMARY TEACHER (PRT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 43 YEARS,D/O.K.NARAYANA MENON,1156/C,2ND FLOOR, MANCHU TOWERS,T.D ROAD,KOCHI. 48. NISHA SUDEEP,TRAINED GRADUATE TEACHER, (TGT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 34 YEARS,D/O.THOMAS KOSHI,29/163 A,ANUVILLA,TOC -H SCHOOL ROAD,VYTTILA. 49. AGATHA GEORGE,PRIMARY TEACHER, (PRT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 44 YEARS,D/O.GEORGE VARGHESE PARAKAT,THOTTUMKATARA HOUSE,SMARTO ROAD,KADAVANTHRA. COC1249/08 50. ALKA MARY MATHEW,TRAINED GRADUATE TEACHER,(TGT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI AGED 39,D/O.C.J.MATHEW,MIG 15,SANTHINAGAR COLONY, MATTANCHERY. 51. SIMY THOMAS,PRIMARY TEACHER, (PRT),NAVAL PUBLIC SCHOOL,NAVAL BASE,KOCHI,AGED 34 YEARS,D/O.P.M.THOMAS,PUTHIYATHU,ODAKKALI, ASSAMANNUR,KURUPPUMPADY VIA,ERNAKULAM. 52. SUMA VARGHESE, PRIMARY TEACHER (PRT), NAVAL PUBLIC SCHOOL, NAVALBASE, KOCHI, AGED 42 YEARS, D/O. K.J.VARGHESE, 14/1661, ANCHANATTU HOUSE, KARUVELIPADY WEST, THOPPUMPADY, KOCHI. 53. REENA MISRA, TRAINED GRADUATE TEACHER, (TGT), NEVAL PUBLIC SCHOOL, NAVAL BASE, KOCHI, AGED 40 YEARS, D/O. RAJENDRA MISRA, 5 D MAYUR MAHAVIR ENCLAVE, MUNDAMVELLY, KOCHI. 54. SHILLY JOSEPH, TRAINED GRADUATE TEACHER, (TGT), NAVAL PUBLIC SCHOOL, NAVAL BASE, KOCHI, AGED 38 YEARS, D/O. V.T.JOSEPH, D 7, POLICE HOUSING COMPLEX, KAKKANAD P.O., TRHIKKAKARA. 55. ELSY ANTONY, PRIMARY TEACHER (PRT), NAVAL PUBLIC SCHOOL, NAVAL BASE, KOCHI, AGED 48 YEARS, D/O. K.J. ANTONY, 41/2651 A, THAYIL HOUSE, NORTH RAILWAY STATION ROAD, ERNAKULAM NORTH. 56. SREEDHARAN NAMBOOTHIRI S, TRAINED GRADUATE TEACHER, (TGT), NAVAL PUBLIC SCHOOL, NAVAL BASE, KOCHI, AGED 41 YEARS, S/O. C.R.S. NAMBOOTHIRI, F1 JINS ARCADE, VK BAVA LANE, S.R.M. ROAD. 57. ANITA UNNIKRISHNAN, PRIMARY TEACHER (PRT), NAVAL PUBLIC SCHOOL, NAVAL BASE, KOCHI, AGED 49 YEARS, D/O. A.VIJAYAN, 161 A, SAROVAROM PALLIMATTOM, TRIPUNITHURA. 58. JIJO GEORGE, ACCOUNTANT, NAVAL PUBLIC SCHOOL, NAVAL BASE, KOCHI, AGED 34 YEARS, S/O. CHACKO GEORGE, KURUPPENCHERIL HOUSE, KUTTIAMCHAL, KOOVAPARA, KOTHAMANGALAM. 59. V.K. SASIKALA, SAFAIWALA, NAVAL PUBLIC SCHOOL, NAVAL BASE, KOCHI, AGED 49 YEARS, D/O. KANNAN, 583, PATHADIYIL HOUSE, KULAYITTIKARA, NEERPARA, KANJIRAMATTOM. COC 1249/08 BY ADV. SRI.K.JAGADEESACHANDRAN NAIR SMT.DIVYA C BALAN RESPONDENT(S): RESPONDENTS 2 AND 4. ----------------------------------- 1. MR. SUNIL LANBA, REAR ADMIRAL AGED 52, RESIDING AT H.NO.09, KATARIBAGH, NAVAL BASE, KOCHI 682 004, PRESENTLY THE CHARMAN, MANAGEMENT COMMITTEE, NAVAL PUBLIC SCHOOL, NAVAL BSE, KOCHI - 14.(FATHER'S NAME NOT KNOWN) 2. MR.P.C.MATHEW, RTD. COMMANDER, AGED 58, S/O. PUTHANPURAYIL CHANDA PILLAI, RESIDING AT H.NO.28/1811, KIZHAKKE MATTACKAL HOUSE, PANAROMA NAGAR, KADAVANTHRA-682 020, PRESENTLY THE PRINCIPAL, NAVAL BASE PUBLIC SCHOOL, NAVAL BASE P.O., KOCHI - 14. ADV. SRI.P.GOPINATH FOR R1 &2 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. ----------------------------------------- Contempt Case (C) No.1249/2008 ----------------------------------------- Dated 22nd January, 2009. JUDGMENT Balakrishnan Nair, J. Some of the appellants in W.A.No.1582/1998 have preferred this contempt application, alleging that the respondents have wilfully disobeyed the direction of this Court, issued in the said Writ Appeal judgment. 2. The appellants in the said Writ Appeal were teaching and non- teaching staff of the Naval Public School, run by the Naval Education Society. It is submitted by both sides that recently the name of the school has been changed as Naval Children School. The appellants claimed salary and service benefits at the rate payable to the teaching and non-teaching staff employed by the schools run by the Kendriya Vidyalaya Sanghatan or at the rate paid in the schools in Delhi run by the Naval Education Society. The Writ Appeal was disposed of, declining to grant the benefit sought by the appellants. But, it was ordered as follows: “It is contended that the appellants and other members of COC 1249/2008 2 staff are not paid even the rate as are applicable to the teachers in the Kerala State. That rate shall in every aspect be extended to the appellants and other members of the teaching and non- teaching staff.” The petitioners herein submit that as per the affiliation bye-laws of C.B.S.E., the respondents are bound to pay salary to the teaching and non- teaching staff, at least, at the rate applicable to the teaching and non- teaching staff in the schools run by the Kerala Government. Taking note of that position, the Division Bench, while disposing of the above Writ Appeal, issued the direction quoted above. Though, when the direction was issued the petitioners were being paid salary at the rate applicable to the teachers under the State Government, subsequently the salary of the latter has been revised. There is considerable delay from the part of the respondents to pay salary at the revised rate. At present there is refusal from the part of the respondents to pay salary at the rate applicable to the teachers under the State Government. Hence this contempt application. 3. According to the petitioners, the judgment mandates the respondents to pay salary to the teaching and non-teaching staff of Naval Public School run by the respondents at the rate payable to the staff in the Government schools. The omission of the respondents to pay salary at the said rate is wilful and therefore, they have committed contempt as defined COC 1249/2008 3 under Section 2(b) of the Contempt of Courts Act. 4. The respondents have filed a counter affidavit, denying the averments of the petitioners. They say, as far as possible, salary is being paid at the rate applicable to the staff in the schools run by the State Government. The educational institutions run by them are self financing institutions. Owing to financial difficulties, they are not able to pay the present rate of salary applicable to the staff in the Government schools. Further, they submit that the direction issued by the Division Bench cannot be taken as a direction for all times to come. It can be taken only as a direction at the relevant point of time. Admittedly, at the relevant time, the teaching and non-teaching staff in the Naval Public School were being paid salary at the rate applicable to the staff employed in the schools under the State Government. So, they have not committed any contempt of this Court. Even assuming there is technical violation of the judgment of this Court, the same is not wilful and therefore, further proceedings may be dropped, it is submitted. 5. The petitioners have filed a reply affidavit, stating that the respondents have received substantial amounts from the Government and therefore, their plea that they have no capacity to pay the salary payable to the staff as per the affiliation bye-laws is not correct. COC 1249/2008 4 6. It is not in dispute that as per the affiliation bye-laws the Management of the Naval Schools have a duty to pay salary at least at the rate applicable to the staff employed in the schools under the State Government. Noticing that obligation, the direction in the judgment in W.A.No.1582/98 was given. We notice the plea of the respondents that they are in financial difficulties and their omission to pay salary at the rate applicable to the staff employed in the schools under the State Government is not wilful, To find out whether the omission of them is wilful, an enquiry has to be conducted by taking evidence. We think,we need not venture to do that in the contempt proceedings. The petitioners can establish their claim that the respondents have the capacity to pay the salary at the rate applicable to the staff employed in the schools under the State Government, by taking recourse to other remedies available to them under law. In the result, the contempt proceedings are dropped, but without prejudice to the rights of the petitioners to take recourse to other remedies COC 1249/2008 5 available to them under law. K.BALAKRISHNAN NAIR, JUDGE. K.SURENDRA MOHAN, JUDGE. Nm/