IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Con.Case(C).No. 1776 of 2008(S) ------------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.20672/2007 Dated 05/07/2007 . ................... PETITIONER: 1ST PETR. --------------------------------- SAYYID MUHAMMED RAFEEK.K, AGED 23 YEARS, S/O.MUTHUKOYA THANGAL UPPER PRIMARY SCHOOL ASISTANT, AIDED HIGH SCHOOL PAREL MAMPATTUMOOLA PO.KOORAD MANHAPPETTY, MALAPPURAM DIST. BY ADV. DR.GEORGE ABRAHAM RESPONDENT: /3RD RESPONDENT: ------------------------------------------------- JAMES VARGHESE, AGE AND FATHER'S NAME NOT KNOWN TO PETR., PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER (SR.) SRI.T.B.HOOD. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A. K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.O.C. No. 1776 of 2008-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009. Judgment The grievance of the petitioner in this Contempt of Court Case is that the direction contained in the judgment in W.P (C).No.20672/07 has not been complied with. 2. There were 18 petitioners in the writ petition, who sought approval of their appointment to the respective teaching posts in the school. It is brought to my notice that the Government had in fact passed an order in August 2008 under which the case of 5 of the 18 petitioners had been considered. Subsequently by Annexure 1 order dated December 11, 2008 the case of 7 petitioners has also been dealt with. 3. It is submitted by learned Government Pleader that in view of the above two orders passed by the Government, nothing survives in this Contempt Petition. Learned Government Pleader invites my attention to the following averments made by the respondent in the affidavit: “It is submitted that Government have fully complied with the direction of the court by issuing G.O(MS).No.203/08/GE dated 11.12.2008. A true copy of the order is produced herewith and marked as Annexure 1. The appointments of UPSAs are in the promotion vacancy of HSAs. As sanction has been accorded for the creation of post of HSAs, the District Educational Officer can COC.1776/08. : 2 : consider the approval of teachers appointed as HSAs, if they are otherwise eligible. On getting approval of HSAs , vacancy of UPSA if arise will become absolute and teachers appointed against these posts will also become eligible for consideration for approval. As such, Governments have considered the case of all the petitioners while issuing order dated 11.12.2008. As the District Educational Officer has been directed to take necessary steps for the approval of appointed teachers on the basis of the Government Order, no further action is necessary at Governments level for the approval of teachers. The only hurdle in approval of teacher was the ban on creation of additional posts. Government have sanctioned the admissible posts to the school lifting the ban keeping in view the genuineness of the case. Thereby fully compiled with the directions of the Hon'ble High Court.” In view of the above, no further orders are necessary in this Contempt Petition. Therefore the Contempt Petition is closed. A.K. BASHEER Judge an.