High CourtsDivision Bench

K.K.Varkey vs Sheel Vardhan Singh

High Court Of Kerala · Decided on 7 July 2022 · Citation: (2022) 07 KL CK 0067

HON’BLE JUDGES
Alexander Thomas, J · Murali Purushothaman , J
RESULT
Disposed Of
CASE NUMBER
Cont.Case (C) No.1054 Of 2022

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Judgment

6 paragraphs · 310 words

Alexander Thomas, J

1.

The aforecaptioned contempt of court case arises out of the non-compliance of the directions and orders passed by this Court as per Annexure-A1 judgment dated 07.04.2022 in W.A.No.467 of 2022, arising out of W.P.(C) No.5659 of 2022. Now it is apprised to us by Sri.S.Manu, learned Asst. Solicitor General of India on the basis of the instructions that the respondent officer has now passed Annexure-R1(a) order dated 27.06.2022, rejecting the plea of the petitioner for retention in the present posting at Cochin Port Trust, CISF Unit, until his impending retirement on 30.04.2023 etc.

2.

Sri.T.Sanjay, learned counsel appearing for the petitioner would make strong submissions that the aforesaid order passed in Annexure-R1(a) cannot be said to be in proper compliance of the directions of this Court in Annexure-A1 judgment etc., and that a similarly situated person was given the benefit of  exemption etc.

3.

After hearing both sides, we are of the view that in case the petitioner has any legally justiciable grievances in the matter, arising out of Annexure-R1(a) order dated 27.06.2022, then the remedy for him is to challenge the same, in the manner known to law. We ascertained from the learned Asst. Solicitor General of India, whether Annexure-R1(a) order to be kept in abeyance for a short period of one week to enable the petitioner to challenge the said order. From these submissions made, it appears that there is no serious objection in this Court taking said course of action.

4.

Accordingly, without getting into the merits of the controversy in any manner, it is ordered that Annexure-R1(a) order dated 27.06.2022 will be kept in abeyance for a period of ten days and it is for the petitioner to challenge the said order, without any further delay.

With these observations and directions, the above Contempt of court case (Civil) will stand disposed of.