IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Con.Case(C).No. 923 of 2011(S) ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11781/2010 Dated 28/07/2010 .................... PETITIONER(S): PETITIONER IN THE WRIT PETITION: ---------------------------------------------------------------- R.KRISHNAPRIYA, AGED 27 YEARS, W/O.HARIKUMAR, VEROOR HOUSE, KUTTAMPEROOR P.O., MANNAR FROM VALIYATHURUTHIYIL HOUSE, SEETHATHODU P.O., RANNI, PATHANAMTHITTA (UPPER PRIMARY SCHOOL ASSISTANT, NS HIGHER SECONDARY SCHOOL, MANNAR). BY ADVS. SRI.S.SUBHASH CHAND SMT.V.AJITHA RESPONDENT(S):RESPONDENT NO. 1 & 4 IN THE WRIT PETITION: ----------------------------------------------------------------------------- 1. M.SIVASANKER, AGED 50 YEARS, S/O. (FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY, GENREAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SOMASUDHA, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKARA. R1 & 2 BY GOVERNMENT PLEADER SRI.MANOJ P. KUNJACHAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs COC. NO. 923/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1: COPY OF THE JUDGMENT DATED 28/07/2010 PASSED BY THIS HONOURABLE COURT IN WPC.NO.11781/2010. ANNEXURE 2: COPY OF THE JUDGMENT DATED 16/06/2009 PASSED BY THIS HONOURABLE COURT IN WPC. NO.12141/2009 (K). RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.T.RAVIKUMAR, J. ---------------------------- Cont. Case (C)No.923 of 2011 ---------------------------- Dated 13th October, 2011 JUDGMENT This contempt petition has been filed alleging willful disobedience with the directions in the judgment dated 28.7.2010 in W.P.(C)No.11781 of 2010. As per the said judgment, the writ petition was disposed of with a direction to reconsider the claims of the petitioner to approve her respective period of appointment on regular basis and pass fresh orders in the light of the decision in Unni Narayanan v. State of Kerala reported in 2009 (2) KLT 604. An affidavit has been filed in this contempt petition by the first respondent. Along with the affidavit an order bearing No.GO(Rt) No.4156/2011/G.Edn. dated 3.10.2011 has been produced. It would reveal that after reconsidering the issue in terms of the judgment dated 28.7.2010 a conditional order has been issued. It has been allowed to reconsider the appointment of the petitioner based on the principles laid down in the Unninarayanan's case (supra) after obtaining a bond specifying that the salary drawn by her pursuant to the said order would be subject to the result of the decision of the Hon'ble Apex Court and further that if it is ultimately found that the petitioner is liable to refund any amount in terms of the order of the Hon'ble Apex Court, she would be liable to refund the same without any objection. Since the COC.No.923/2011 2 respondents have already moved the Hon'ble Apex Court prescription of such conditions cannot be said to be illegal or improper. It is thus obvious that the directions in the judgment dated 28.7.2010 in W.P.(C) No.11781 of 2010 were complied with. In the said circumstances, recording the said facts, this contempt petition is closed. Sd/- C.T.RAVIKUMAR Judge TKS