IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 Con.Case(C).No. 1420 of 2009(S) ----------------------------------------- AGAINST THE JUDGEMENT IN WPC.2668/2009 Dated 06/04/2009 .................... PETITIONER/PETITIONER ------------------------------------- K.JEESHA BABU, W/O.JOSEPH SANTHOSH, AGED 37 YEARS, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), C.M.S. HIGH SCHOOL, ARAPETTA, WAYANAD DISTRICT. BY ADV. SRI.K.E.HAMZA RESPONDENT/1ST RESPONDENT ---------------------------------------------- SRI.JAMES VARGHESE I.A.S., FATHER'S NAME & AGE NOT KNOWN TO THE PETITIONER, SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010 ALONG WITH COC NO. 1421 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Thottathil B.Radhakrishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Civil)Nos. 1420 and 1421 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2010 JUDGMENT Thottathil B. Radhakrishnan, J. These Contempt Cases are filed based on a judgment which is as of now pending consideration before the Apex Court in SLP (C) No.22260 of 2009 and connected matters. 2. Learned Government Pleader has placed before us copy of an order whereby notice has been issued on those SLPs and it has been further directed that respondents in the cases will continue to receive their salaries/allowances as per the impugned Government Order till the matters are decided by the Apex Court. 3. Learned counsel for the petitioner says that his clients are yet to receive the notice of the proceedings from the Supreme Court. However, having regard to the nature of the directions issued by the Apex Court as shown by the Senior Government Pleader, we are of the view that these cases no more survive COC Nos: 1420 and 1421 OF 2009. -:2:- as of now and it is impermissible for this Court to take cognizance of the alleged contempt as of now. Hence these Contempt Cases are closed without prejudice. S.R. Bannurmath, Chief Justice. Thottathil B. Radhakrishnan, Judge. ttb