IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 Con.Case(C).No. 295 of 2010(S) ------------------------------------ AGAINST THE JUDGEMENT IN WPC.29043/2009 Dated 03/12/2009 .................... PETITIONER: -------------- DR.SUJA ANI G., D/O.K.V.GEORGE, AGED 46 YEARS, ASSOCIATE PROFESSOR OF ORTHODONTICS, DENTAL COLLEGE, THIRUVANANTHAPURAM. BY MR.N.NANDAKUMARA MENON, SENIOR ADVOCATE. MR.P.K.MANOJKUMAR, ADVOCATE. MS.SUSHYA RAJAN, ADVOCATE. RESPONDENTS: ------------------ 1. MRS.USHA TITUS I.A.S., AGED ABOUT 50 YEARS, D/O.(FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DR.GEETHA, AGED ABOUT 53 YEARS, D/O.(FATHER'S NAME NOT KNOWN TO THE PETITIONER), DIRECTOR OF MEDICAL EDUCATION (D.M.E.), THIRUVANANTHAPURAM. BY MS. K.R. DEEPA, GOVERNMENT PLEADER. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ------------------------------------------ Contempt Case (C) No.295 OF 2010 ------------------------------------------ Dated this the 25th day of June, 2010. J U D G M E N T As per Annexure-C judgment, this Court issued various directions with regard to the consideration of the claim of the petitioner for promotion and to place the matter before the Departmental Promotion Committee. Recording the submission of the learned Government Pleader that the meeting of the D.P.C is scheduled to be held on 15.12.2009, the writ petition was disposed of with a further direction to finalise the promotion to the post of Professor without delay. Aggrieved by the delay in the matter and alleging non compliance of the directions issued in the judgment, this Contempt Case was filed. 2. On behalf of the respondents, an affidavit was filed pointing out that in the meeting which was held on 15.12.2009 even though the case of the petitioner was considered, the D.P.C observed that her confidential reports for the last three years are not available. There were adverse remarks in her confidential Contempt Case (C) No.295/10 2 reports for the year 2008. In the above circumstances, the D.P.C decided to defer the case of the petitioner. The Government considered the matter and an order was passed on 03.03.2010. Clearance from the D.P.C was required and accordingly the Director of Medical Education has convened an adhoc D.P.C on 03.03.2010. After the said meeting was convened, the petitioner has now been promoted pursuant to the proceedings of the D.P.C as Professor, as per G.O.(Rt) No.2484/2010/H&FWD dated 23.06.2010. A reading of the said order shows that the petitioner is posted as Professor in the Dental College, Kottayam in an existing vacancy. 3. Learned counsel for the petitioner submitted that even the above order is in violation of the interim order dated 24.02.2009 in W.P.(C) No.2961/2009. If the petitioner is having any grievance with respect to the order dated 23.06.2010, she will have to agitate the same in the pending writ petition or in a fresh writ petition. Leaving open the said remedy, this Contempt Case is closed. T.R. RAMACHANDRAN NAIR JUDGE smp