IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Cont.Case(C).No.1765 of 2008(S) ----- ------------------------------------------------ ARISING OUT OF THE JUDGEMENT IN W.A.817/2008 Dated 10/06/2008 .................... PETITIONER: APPELLANT IN WA 817/2008: -------------------------------------------------------------- A.T.THOMAS, S/O.THOMAS OUSEPH, ALAKKALAYIL HOUSE, THELLAKOM P.O., KOTTAYAM 686 016. (STORE ISSUER, KSRTC, PONKUNNAM), (RETIRED ON 30.9.2008). BY ADV. SRI.K.P.JUSTINE RESPONDENTS: RESPONDENTS:- --------------------------------------------------- 1. SRI.T.P.SENKUMAR, IPS, S/O.PURUSHOTHAMAN, AGED 48 YEARS, MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. SRI.A.NIZAMUDIN, (FATHER'S NAME, AGE AND ADDRESS NOT KNOWN TO THE PETITIONER), EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. BY STANDING COUNSEL SRI.K.PRABHAKARAN. THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vku/- H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case(Civil).No. 1765 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2008 JUDGMENT H.L.DATTU, C.J. Inter alia alleging, that, the respondents have disobeyed the orders and directions issued by this Court in WA No. 817 of 2008 dated 10.06.2008, the appellant in the writ appeal has presented this Contempt Case. (2) This Court, while disposing of the writ appeal, had observed as under : “Accordingly, he is entitled to be posed as conductor with effect from 15.2.2008 and he is entitled for the salary as Conductor and the K.S.R.T.C. ought to have allowed his representation and therefore the petitioner is directed to be posted as Conductor notionally with effect from 15.2.2008 and salary to be fixed accordingly.” (3) After disposal of the writ appeal, the respondents have passed an order dated 30.09.08. (4) In our view, in view of the orders passed by the respondents dated 30.09.08, there is neither willful nor deliberate disobedience of the orders and directions issued by this Court. Therefore, we do not intend to COC No. 1765/2008 -:2:- take cognizance of the Contempt Case. Accordingly, the Contempt Case is disposed of. However, we reserve liberty to the petitioner, if he so desires, to question the correctness or otherwise of the orders passed by the respondents, dated 30.09.08, before an appropriate forum. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE ttb/vku