IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 Con.Case(C).No. 37 of 2010(S) ----------------------------------- AGAINST ORDER DATED 27.07.2009 IN W.P.(C) No.31968 OF 2008. PETITIONERS/PETITIONERS 1 & 5: -------------------------------------- 1. RAJESH PURAVANKARA, S/O. KUNHIKANNAN NAIR, AGED 36, JUNION HEALTH INSPECTOR GRADE II, PRIMARY HEALTH CENTRE, PAYYANGADI, KANNUR DISTRICT PIN-670303. 2. V.S.BONY, S/O. SIR JOHN, AGED 55, JUNIOR HEALTH INSPECTOR GRADEII, RURAL HEALTH TRAINING CENTRE,CHETTIKAD, PATHIRAPPILLY.P.O., ALAPPUZHA DISTRICT. BY ADV. SMT.P.V.ASHA RESPONDENTS/RESPONDENTS 1 & 2: ----------------------------------------- 1. SRI. MANOJ JOSHI.I.A.S., (FATHERS NAME AND AGE KNOWN TO PETITIONER) SECRETARY TO GOVT. HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. DR. M.K.JEEVAN.(FATHERS NAME AND AGE KNOWN TO PETITIONER) DIRECTOR OF HEALTH SERVICES (IN CHARGE) THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI.BENNY GERVACIS THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ Cont. Case (C) No.37 of 2010 ------------------------------------------ Dated this the 13th day of January, 2011 JUDGMENT Ramachandra Menon, J. This contempt case has been filed alleging wilful disobedience of the direction given by this Court as per order dated 27th July, 2009 in W.P. (C) No.31968 of 2008. When the matter came up for consideration before the learned Single Judge it was observed that the order passed recasting the seniority list of the Junior Health Inspectors Grade II was not in tune with the direction given by this Court in Annexure A6 order or the earlier judgments of this Court produced as Annexures A1, A2 and A4. 2. Today, the learned Senior Government Pleader appearing on behalf of the respondents/contemnors submits that the matter has been caused to be reconsidered and accordingly the Deputy Secretary to Government has passed an order bearing G.O.(Rt)No.4659/2010/H&FWD dated 26.11.2010, a copy of which has been produced as Annexure R1(a) along with the affidavit dated 29.11.2010. In paragraph 2 of the said order it has been explicitly made clear that the earlier seniority list published as per order dated 1.7.2010 by the second respondent was actually not in tune with the directions and the mandate given by this Court, especially with reference to the date of occurrence of the vacancy, and it was accordingly Cont. Case (C) No.37 of 2010 - 2 - that necessary directions were given to the Director of Health Services to recast the seniority list as specified in the said order. 3. Pursuant to the above order, the second respondent has passed a revised order recasting the seniority list. A memo dated 29th December 2010 has been filed before this Court in this regard producing a copy of the revised seniority list as Annexure R1(b). The learned Government Pleader submits that the order of this Court has been fully complied with and by virtue of the said exercise one of the petitioners has been given placement in the top of the seniority list whereas the other person has been placed at a lower level as the same has been prepared with reference to the date of occurrence of the vacancy. Learned counsel for the petitioners submits that the petitioners may be given liberty to challenge the seniority list now published and produced before this Court as Annexure R1(b). 4. After hearing both the sides, and taking note of the submissions made by the learned Government Pleader and also going by the contents of the affidavit filed before this Court stating that there was no wilful disobedience at all, this Court finds that no further proceedings are liable to be pursued in respect of the alleged contumacious act. Accordingly the contempt case is closed without prejudice to the rights and liberties of the parties concerned to challenge Cont. Case (C) No.37 of 2010 - 3 - the revised seniority list in accordance with the relevant provisions of law, if aggrieved in any manner. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns