IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Con.Case(C).No. 1127 of 2007(S) JUDGEMENT IN WP(C) NO.34258/2003 DATED 03/11/2003 PETITIONER/PETITIONER RACHELAMMA VARGHESE, AGED 42 YEARS, W/O.K.C.KURUVILA, KAKKAMALA HOUSE, PERUMPETTY P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.HARIDAS RESPONDENTS: 2ND, 3RD & 4TH RESPONDENTS 1. KAMALAMMA, WORKING AS DEPUTY DIRECTOR EDUCATION, OFFICE OF THE D.D.E., THIRUVALLA. 2. K.E.VARGHESE, WORKING AS DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 3. PRAKASH MATHEW WORKING AS ASSISTANT EDUCATIONAL OFFICER, VENNIKULAM. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------------- CONT.CASE (CIVIL) NO.1127 OF 2007 ----------------------------------------------------- Dated this the 28th July, 2008 JUDGMENT Alleging that the respondents have deliberately and wilfully disobeyed the directions contained in Annexure-I judgment in W.P.(C) No.34258 of 2003, the petitioner has filed this Contempt of Court Case. In Annexure-I judgment, it was found that the Manager of the School was in error and he was instrumental in mishandling the appointment of the petitioner as a teacher. There is also an indication in the judgment that the avoidable monetary loss deserves to be recovered from the Manager. In Annexure-I judgment, Ext.P3 marked therein was challenged. The concluding paragraph of Annexure-I judgment reads as follows: “The Government Pleader was heard in the matter. He submits that follow up action on the basis of Ext.P3 will be appropriately taken and expeditiously. This submission is recorded and the Writ Petition is closed. The petitioner's services also are to be appropriately regularised.” 2. The case of the petitioner is that the direction to take follow up action against the Manager was not complied with. A statement is filed by the Deputy Director of Education which discloses that some follow up action was taken and that the amount could not be recovered from the CONTEMPT CASE (CIVIL) NO.1127 OF 2007 :: 2 :: Manager. Only a sum of Rs.1,949.60 could be recovered from the Manager. It is also stated in the statement that the attachment of the school properties would adversely affect the functioning of the school and it would create social problems. Learned Government Pleader submitted that appropriate follow up action would be taken for recovery of the amount from the Manager. Recording the submission made by the learned Government Pleader, the Contempt of Court Case is closed. It is also made clear that the remedies which are available to the petitioner under law are not being foreclosed by the disposal of this Contempt of Court Case. (K.T.SANKARAN) Judge ahz/