IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Con.Case(C).No. 949 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT IN OP.11029/2000 Dated 19/06/2007 .................... PETITIONER(S): PETITIONER ------------------------- P.T.SIMON, ASST.ENGINEER (CIVIL), ENG.DEPT, UNIVERSITY OF CALICUT (RETIRED), AGED ABOUT 63, S/O.P.L.THOMAS, PORUTHOOR PANOKARAN HOUSE, MARAR ROAD, P.O.VELAPPAYA, TRICHUR-680596. BY ADV. SRI.PHILIP ANTONY CHACKO SRI.P.M.SEBASTIAN RESPONDENT(S): --------------- 1. DR.T.K.NARAYANAN, AGED ABOUT 55, S/O.RAJAPPAN, REGISTRAR, UNIVERSITY OF CALICUT, UNIVERSITY CAMPUS, P.O.CALICUT UNIVERSITY, MALAPPURAM (DT.)-673635,RESIDING AT PADIKKAL, VALIMUKKU P.O, (VIA)CALICUT UNIVERSITY, MALAPPURAM (DT.)-676317. 2. P.G.THOMAS, AGED ABOUT 52, S/O.GEORGE UNIVERSITY ENGINEER, ENGG.DEPT, UNIVERSITY OF CALICUT, UNIVERSITY CAMPUS,P.O.CALICUT UNIVERSITY, MALAPPURAM(DT.)-673635,RESIDING AT QUARTER NO.D-2. CALICUT UNIVERSITY CAMPUS, P.O.CALICUT UNIVERSITY, MALAPPURAM (DT.)-673635. ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- Cont. case (C).No.949 OF 2008 ------------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT Petitioner was an Assistant Engineer (Civil) in the Calicut University. He filed O.P.No.2556/96 claiming certain reliefs; aggrieved by the promotion granted to his erstwhile juniors to the cadre of Assistant Executive Engineer. That writ petition was disposed of as per judgment dated 24.1.2005 stating that in terms of the order dated 25.12.1988 issued by the Registrar on behalf of the Vice Chancellor, the petitioner was reverted as Overseer/Draftsman while he was reinstated after a disciplinary proceedings. Accordingly, this Court concluded that the petitioner's promotion as Assistant Engineer is a fresh promotion and he can reckon his seniority only with effect from 27.7.1989. On that view, O.P.2556/96 was dismissed. Thereafter, he filed O.P.No.11029/00, which was disposed of as per judgment dated 19.6.2007, on the basis of which, this contempt of court case is filed. Noticing the judgment in O.P.2556/96, it was held by this COC.949/08 Page numbers Court in the judgment in O.P.11029/00 that the case of the petitioner for revision of his grade can be determined only on the basis of his entitlement to placement as found in the judgment in O.P.2556/96. Accordingly, O.P.11029/00 was disposed of, directing that an order will be issued by the competent authority in the light of the judgment in O.P.2556/96, deciding on the claims raised by the petitioner in O.P.11029/00. This contempt of court case is filed on the allegation that the direction in the judgment in O.P.11029/00 has not been complied with. 2. The respondent has filed a counter affidavit placing therewith Ext.R1(a), the order issued following the judgment in O.P.11029/00, though immediately after the institution of the contempt of court case. Through the reply affidavit, the petitioner attempted to demonstrate that the decision contained in Ext.R1(a) is contrary to his entitlement that would legitimately flow out of the pay revision orders and according to him, he is entitled to two promotions, while that is not what is conceded to by the competent authority in Ext.R1(a) order. The dispute thus COC.949/08 Page numbers calls for an adjudication as to the correctness of Ext.R1(a) and the acceptability of the petitioner's contention asserting his entitlement to better service benefits or retiral benefits. This would essentially be beyond the scope of a contempt of court case under the Act in hand and would be impermissible for adjudication in this matter. For the foregoing reasons, leaving open the right of the petitioner to contest the correctness of the decision contained in Ext.R1(a), this case is closed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.