IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Con.Case(C).No. 911 of 2009(S) ------------------------------------------------- AGAINST THE JUDGEMENT IN WA.1919/2008 Dated 18/12/2008 & ORDER IN RP NO.272/2009 IN WA 1919/2008 DATED 8.4.2009 .................... PETITIONER/REVIEW PETITIONER IN RP/APPELLANT IN WA --------------------------------------------------------------------------------------- JAYANTHI A.AGED 50,W/O.SEHTUKUMAR V.K. RESIDING AT ERATHU HOUSE, KUREEPUZHA, KAVANAD P.O. KOLLAM.(FULL TIME SWEEPER, GOVERNMENT INDUSTRIAL TRAINING INSTITUTE FOR WOMAN, KOLLAM) BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT/RESPONDENT IN RP 272/09 & WA 1919/2008 --------------------------------------------------------------------------------- P.K. INDIRA, AGED 45,W/O. SUKU, THE PRINCIPAL, GOVERNMENT ITI FOR WOMEN, KOLLAM -12. BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ Cont. Case(C) No.911 of 2009 ------------------------------------------ Dated this the 14th day of October, 2009 JUDGMENT A.K.Basheer, J. Alleging non compliance and violation of the direction issued by this Court in W.A.No.1919 of 2008 and R.P.No.272 of 2009 arising therefrom, this petition under the Contempt of Courts Act has been filed by the petitioner. 2. It is contended by the petitioner that since there was no eligible candidate for promotion to the post of sweeper as on December, 27, 2005 the petitioner ought to have been appointed to the said post. 3. In the affidavit filed by the respondent it is stated thus: “4. It is respectfully submitted that the Honourable Court has directed the review petitioner shall be re-appointed, if there was no eligible hands for promotion as Part Time Contingent Employee in Kollam Cont. Case (C)No.911 of 2009 - 2 - district as on 27.12.2005 in the review petition. In W.A.1919/2008 the Honourable Court has directed the second respondent to be engaged the petitioner after the tenure (179) days of the present temporary employee if no regular appointments are made by promotion from contingent employees. It is submitted that the person appointed for 179 days was relieved on 20.6.2009. Immediately communication was forwarded to the District Collector to inform whether eligible Part Time Contingent Sweepers, eligible for promotion as on 27.12.2005 is available for the posting. There are a number of persons eligible to be promoted and posted. Hence there is no vacancy for the petitioner. 5. It is submitted that a list of 83 persons are forwarded from the District Collector eligible to be promoted and posted to the vacancy. To give posting I have to ascertain whether they are willing to accept the promotion and posting. Since some may opt out of promotion, they may get an extended period of service up to 70 years if they remain in the Part Time Service. 6. It is submitted that the process of selection from the list 89 candidates will take some more time but to get a posting for the petitioner is not possible since there is a list of 89 candidates left in the queue. This is submitted as directed by the Honourable Court.” 4. In this context it may be noticed that the Division Bench in the review petition had only clarified that the review Cont. Case (C)No.911 of 2009 - 3 - petitioner shall be re-appointed if there was no eligible hand for promotion as Part-time Contingent Employee in Kollam District as on 27.12.2005 (emphasis supplied by us). 5. In view of the specific stand taken by the respondent and in the absence of any material to show that no other eligible candidate was available for promotion on the crucial date, we are not satisfied that there is any wilful disobedience on the part of the respondent. There is no ground to entertain this contempt case and therefore it is dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns