V.P. Sajithadevi and T.T.I. Kumily vs Shri. Muhammed Sagir

T.R. Ramachandran Nair, J.—Along with the application for dispensing the personal appearance filed as I.A. No. 475/2012, the respondent has produced Annexure R1(a), an order dated 23.08.2012 purported to be passed in compliance with the directions in the judgment. The writ petition was filed by the petitioner for various reliefs and the same was disposed of by Annexure 1 judgment dated 20.10.2011. Therein the direction was to the 2nd respondent to include the name of the petitioner in Ext. P5 final seniority list in the appropriate place and thereafter her claim for appointment as H.S.S.T. will be considered and appropriate orders were directed to be passed within a period of one month from the date of receipt of a copy of the judgment.

The Contempt Case was filed on 29.02.2012. In the meanwhile, the respondent had filed a review petition as R.P. No. 376/2012 which was dismissed by order dated 07.06.2012. Thereafter also the respondent was not taking steps to comply the directions in the judgment. In the light of the delay in complying the directions in the judgment, this Court by order dated 09.08.2012 directed the respondent to report compliance on or before 17.08.2012 and if not he was directed to personally appear and explain on 21.08.2012. An application was submitted to dispense with the personal appearance and the learned Government Pleader sought for a further opportunity to comply with the directions in the judgment and the matter was posted today.

In the affidavit filed by the respondent, the averment is to the effect that the respondent is awaiting the decision of a Division Bench of this Court and that there is no wilful disobedience or disrespect in not complying the directions in the judgment. A reading of the order Annexure R1(a) shows that the respondent had granted sanction for inclusion of the petitioner in the seniority list as per office order dated 21.12.2010 in compliance with the judgment and subject to the outcome of the decision in Writ Appeal No. 1548/2012. The petitioner is given a rank as 3A between Sri. Vasanthan L. and Smt. Radha V.P. There is a further direction to the petitioner to furnish confidential reports for the calendar years 2005, 2006 and 2007 so as to place her credentials before the Departmental Promotion Committee for expediting her appointment to the post of HSST Economics after getting approval from the Government. Learned counsel for the petitioner submits that the Departmental Promotion Committee will be delaying the matter which will prejudice the rights of the petitioner. As on today, there is no indication as regards the said aspect and if the petitioner is aggrieved by the delay in the matter, it is open to the petitioner to seek for appropriate orders by filing a separate writ petition for the same.

In the light of the fact that the directions in the judgment have been complied with, further action in the Contempt Case is dropped and the same is closed.