IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 Con.Case(C).No. 131 of 2009(S) ------------------------------ AGAINST THE ORDER IN IA 3842/2008 IN WPC.12965/2007 Dated 08/04/2008 .................... PETITIONER(S): PETITIONERS IN WPC --------------------------------- 1. BIJULAL KUMAR.G, S/O.GOPALAKRISHNAN NAIR, AGED 35 YEARS, COMPANYPUTHEN VEEDU, KARAVALLOOR.P.O, KOLLAM DISTRICT-691318. 2. R.HARIDAS, S/O.RAMAKRISHNAN NAIR, AGED 39, IKARAPULLATTU, KANJIRAPPARA.P.O, KANGAZHA, KOTTAYAM DISTRICT. 3. S.VIJAYA KUMAR, S/O.SOMANATHAN NAIR, AGED 39 YEARS, FLAT NO.3/34, RAJEEV NAGAR, MELARANOOR,KARAMANA.P.O, THIRUVANANTHAPURAM. 4. SUNIL.T.V, S/O.THANKAPPAN, AGED 38 YEARS, THANNIKKAL HOUSE,ARTHINKAL.PO CHERTHALA, ALAPUZHA DISTRICT. 5. SREEKUMAR.C.K, S/O.CHELLAPPAN PAILLAI, AGED 35 YEARS, PULIYARATHALA PANAYIL VEEDU, IRUMBA, ARUVIKARA, THIRUVANANTHAPURAM. BY ADV. SMT.MINI.S.DAS RESPONDENT(S): --------------- 1. SRI.THULASEEDHARAN THAMPI, AGE AND FATHER'S NAME NOT KNOWN TO THIS PETITIONERS, SECRETARY, TRAVANCORE DEVASWOM BOARD, NANDANCODU, THIRUVANANTHAPURAM. 2. SRI.P.V.NALINAKSHAN NAIR,AGE AND FATHER'S NAME NOT KNOWN TO THIS PETITIONERS, DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. COC 131/2009 3. SRI.C.K.GUPTAN,AGE AND FATHER'S NAME NOT KNOWN TO THIS PETITIONERS, PRESIDENT,TRAVANCORE DEVASWOM BOARD, NANDANCODU, THIRUVANANTHAPURAM (RESIDING AT 8.D COTTON HILL HEIGHT,VAZHUTHACAUD, THIRUVANANTHAPURAM). 4. SRI.P.NARAYANAN, AGE AND FATHER'S NAME KNOWN TO THIS PETITIONERS, MEMBER, TRAVANCORE DEVASWOM BOARD,NANDANCODU THIRUVANANTHAPURAM, (RESIDING AT LAKSHMINARAYANA BHAVAN, V.M.C.NO.9, THEKKENADA.P.O, VAIKKOM, KOTTAYAM DISTRICT. 5. SMT.SUMATHYKUTTIAMMA, AGE AND FATHER'S NAME NOT KNOWN TO THIS PETITIONERS, MEMBER, TRAVANCORE DEVASWOM BOARD, NANDANCODU THIRUVANANTHAPURAM(RESIDING AT PODIKALATHIL, THAMALAKKAL, KARUVATTA.P.O, ALAPPUZHA DIST). 6. SRI.RAVIKUMAR, AGE AND FATHER'S NAME NOT KNOWN TO THIS PETITIONERS, CHIEF ENGINEER,(GENERAL) TRAVANCORE DEVASWOM BOARD, NANDANCODU, THIRUVANANTHAPURAM. ADV. SRI.NAGARAJ NARAYANAN, SC, TDB FOR R1 TO 6 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. ----------------------------------------- CONTEMPT CASE (C) NO.131/2009-S ----------------------------------------- Dated 4th February, 2009. JUDGMENT Balakrishnan Nair, J. The petitioners are the petitioners in W.P.(C) No.12965/2007. This Court passed Annexure-A order in I.A. No.3842/2008 in that writ petition on 8.4.2008, ordering not to fill up the vacancies in the post of Driver on permanent basis. While the said order was in force, the Board issued Annexure-B order dated 22.1.2009, as per which some of the Bus Cleaners have been provisionally promoted as L.M.V. Drivers. As per Annexure-C order dated 23.1.2009, they were given consequential posting also. Alleging that those orders amount to violation of Annexure-A order of this Court and therefore, the respondents have committed contempt of this Court, this contempt application is filed. 2. But, we notice that Annexure-B order deals with provisional promotion, which is declared to be purely provisional and subject to the disposal of the pending cases. Therefore, we cannot accept the contention COC 131/2009 2 of the petitioners that the posts of Drivers were filled up on regular basis and thereby the respondents have violated Annexure-A order. In the result, the contempt application is dismissed. K.BALAKRISHNAN NAIR, JUDGE. K.SURENDRA MOHAN, JUDGE. nm/