IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Con.Case(C).No. 744 of 2008(S) ----------------------------------------------------- ARISING OUT OF THE JUDGEMENT IN WPC.No.21300/2005 Dated 13/07/2006 .................... PETITIONER/PETITIONER: ------------------------------------- ZAINUL ABIDEEN .K., AGED 30 YEARS S/O. UNNI MOHAMMED, VALAPPARA KANDIYIL HOUSE CHEMPUTHOOR, MONGAM P.O., MALAPPURAM DISTRICT. BY DR.GEORGE ABRAHAM RESPONDENTS/RESPONDENTS 4 & 5: ------------------------------------------------------ 1. P.C.BENOY, AGE AND FAHTERS NAME NOT KNOWN TO THE PETITIONER, SECRETARY, KERALA PUBLIC SERVICE COMMISSION THIRUVANANTHAPURAM. 2. RAVINDRANATHAN, AGE AND FAHTERS NAME NOT KNOWN TO THE PETITIONER, DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION MALAPPURAM. BY STANDING COUNSEL SRI.ALEXANDER THOMAS. THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------------------ Cont. Case (Civil) No.744 of 2008-S ------------------------------------------------------- Dated, this the 19th day of June, 2008 JUDGMENT H.L.Dattu, C.J. A Division Bench of this Court while disposing of W.P.(C) No.10751 of 2004 dated 13th July, 2006 had issued certain directions to the Kerala Public Service Commission, Thiruvananthapuram. 2. Alleging that the respondents have not complied with the orders and directions issued by this Court while disposing of W.P.(C) No.21300 of 2005 dated 13th July, 2006, the petitioner in the writ petition has presented this contempt petition with a request to initiate appropriate contempt proceedings against the respondents and to punish them for the so called wilful and deliberate disobedience of the orders and directions issued by this Court. 3. Sri.Alexander Thomas, learned counsel appearing for the respondents/contemnors has filed an affidavit on behalf of the respondents. In paragraphs 6 and 8 of the affidavit it is stated as under: “6. It is humbly submitted that in the meanwhile the COC No.744/2008 -2- respondent Service Commission vide Resolution No.25 dt.2- 6-08 have decided to implement the judgment dt.13-7-06 of the Division Bench of this Hon'ble Court, subject to the result of the Review Petition pending before Hon'ble Supreme Court. 8. It is most humbly submitted that the respondent Service Commission has the greatest regard and respect for the directions of this Hon'ble Court and there has not been even the remotest intention to wilfully or deliberately disobey the directions in the judgment of this Hon'ble Court. After the pronouncement of the judgment in the above WP ( C), the respondent Service Commission had filed Civil Appeal before the Apex Court. Later after the pronouncement of the judgment in the Civil Appeal, the respondent Service Commission had decided to file Review Petition in the matter before the Apex Court. As already submitted, the respondent Service Commission has decided to comply with the directions in this WP ( C), subject to the result of the above said Review Petition. Under these circumstances it is most respectfully submitted that this Hon'ble Court may be pleased to drop all further proceedings in this petition and may be pleased to close this Contempt Case, accordingly.” 4. In view of the undertaking given by the respondents/ COC No.744/2008 -3- contemnors, in our opinion, for the present, we need not have to continue with the contempt proceedings. Accordingly, the contempt proceedings are dropped for the present. Liberty is reserved to the petitioner to approach this Court if need arises in future. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS