Kerala High Court
P.N.Binu vs Jeevan Babu K on 14 February, 2020
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941
Con.Case(C).No.2722 OF 2019 IN WA. 1558/2016
AGAINST THE ORDER IN IA 1/2019 IN WA 1558/2016 OF HIGH COURT OF
KERALA DATED 21.5.2019
PETITIONER/RESPONDENT NO.1 IN WA 1558/2016:
P.N.BINU,
AGED 47 YEARS, W/O. P.P.RAJENDRAN,
PLAVINKUZHIYIL, VETTOOR P.O., PATHANAMTHITTA.
BY ADV. SRI.K.SHAJ
RESPONDENTS/RESPONDENT NOS.3 TO 5 IN WA:
1 JEEVAN BABU K., I.A.S.,
AGE NOT KNOWN TO THE PETITIONER,
S/O.NOT KNOWN TO THE PETITIONER,
DIRECTOR OF PUBLIC INSTRUCTION, GENERAL EDUCATION
DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM-695 014.
2 S.JAYASREE,
AGE NOT KNOWN TO THE PETITIONER,
W/O.NOT KNOWN TO THE PETITIONER,
SECRETARY (CORPORATE MANAGER),TRAVANCORE DEVSWOM
BOARD SCHOOLS, TRAVANCORE DEVASWOM BOARD BUILDING,
NANDANKODE, THIRUVANANTHAPURAM-695 033.
3 SUNITHA.T.S.,
AGE NOT KNOWN TO THE PETITIONER,
W/O.NOT KNOWN TO THE PETITIONER,
DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL
OFFICE, ATTINGAL,THIRUVANANTHAPURAM DISTRICT-695 101.
R2 BY SRI.S.RAJMOHAN, SC, TDB
R1 & R3 BY SR. GP ARAVINDAKUMAR BABU
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Cont. Case (C)No.2722 of 2019
2
JUDGMENT
Dated this the 14th day of February, 2020 S.Manikumar, C.J.
Alleging wilful disobedience of the interim order passed in I.A.No.1 of 2019 in W.A.No.1558 of 2016 dated 21.5.2019, instant contempt petition is filed. Interim order dated 21.5.2019 reads thus:
"The interim order passed in the writ appeal on 19.06.2017 was modified on 31.08.2017 making it clear that the same will not affect the claim of the petitioner/1 st respondent for getting salary as UPSA. But the learned Government Pleader submitted that the petitioner was appointed only as a Lowe Grade Hindi Teacher and therefore she is entitled only for the salary of a Lower Grade Hindi Teacher. By virtue of an order passed on 15.11.2018 in I.A.No.1115/2017, this court further clarified that the petitioner/1 st respondent will be entitled only to the salary of a Lower Grade Hindi Teacher. The 4th respondent (Corporate Manager) was directed to adjust the lien of the petitioner within one week and to communicate the same to the District Educational Officer, Kothamangalam for compliance. The said order passed on 15.11.2018 was not complied with so far. Hence the present I.A is filed.
2. The learned Government Pleader was directed to get instructions in the matter, through an order passed on 12.04.2019.
3. Today when the matter is taken up, no satisfactory explanation is forthcoming as to why the salary of the petitioner/1st respondent, even at the rate applicable for Lowe Cont. Case (C)No.2722 of 2019 3 Grade Hindi Teacher, was not paid so far.
4. Under such circumstances, we direct the respondents 3 to 5 to disburse to the petitioner/1 st respondent salary at the rate as applicable to the post of Lower Grade Hindi Teacher, along with arrears, within one week from the date of receipt of a copy of this order. Needless to observe that the payment as directed above will be on a provisional basis, subject to result of the above writ appeal."
2. On 20.1.2020, we issued notice to respondent No.2 returnable within two weeks.
3. On this day, when the matter came up for further hearing, Mr.S.Rajmohan, learned counsel for the alleged contemnor (respondent No.2) submitted that no notice was served either in the writ petition or in the writ appeal, on the standing counsel for the Corporate Manager, Travancore Devaswom Board Schools, Thiruvananthapuram but the learned Government Pleader representing the State and the Director of Public Instructions (respondent Nos.2 and 3 in the writ appeal) alone was heard.
4. Learned counsel submitted that in the abovesaid circumstances, interim order passed in I.A.No.1 of 2019 in W.A.No.1558 of 2016 dated 21.5.2019 could not be complied with. Learned counsel further submitted that however, on receipt of notice from this Court in this Cont. Case (C)No.2722 of 2019 4 contempt petition, Teacher in charge of Devaswom Board High School, Vamanapuram has, by proceedings No.453/2019-20 dated 4.2.2020, sanctioned salary to the petitioner at the rate applicable to the post of Lower Grade Hindi Teacher with arrears. Accordingly, bill has also been generated. Added further, learned counsel submitted that bills will be presented today in Treasury.
5. Placing on record the above submission, we are of the view that there is no contempt muchless wilful contempt committed by respondent No.2.
6. As regards the allegation made against Ms.S.Jayasree, Secretary (Corporate Manager), Travancore Devaswom Board Schools, Thiruvananthapuram, the present Secretary has filed an affidavit dated 13.2.2020, paragraphs 2 to 5 of which are extracted:
"2. It is submitted that the former Corporate Manager of Travancore Devaswom Board Schools, Smt.S.Jayasree was transferred from the post of the Secretary to the Board and I was appointed in the said office and took charge of the post only on 06.12.2019, long after the interim order dated 21.05.2019 was issued. The Secretary to the TDB is the ex-officio Corporate Manager of the Devaswom Board Schools.
3. At the onset it is submitted that all throughout the proceedings, though the name of the Corporate Manager, Travancore Devaswom Board Schools was shown as a respondent, no copy of the proceedings were ever served on the Standing Cont. Case (C)No.2722 of 2019 5 Counsel of this respondent. In all the proceedings, Government Pleader took notice for this respondent also. The then Secretary of the Board came to know about the Writ Petition and the Writ Appeal when she was summoned for a hearing by the Director of Public Instructions. In tune with the discussion on 30.11.2018 the Board has passed an order to regularise the lien of the petitioner from 01.06.2016 to 31.05.2017 at DBHS, Vamanapuram. Therefore, it is evident that the Board is always eager to comply with the directions issued by this Honourable Court to the extent it is communicated.
4. It is submitted that on receipt of the notice from this Honourable Court the matter was taken up with the Board. On perusal of the files it is understood that subsequent to the order dated 30.11.2018 passed by the Board, an interim order was passed by this Honourable Court on 21.05.2019 directing the respondents to disburse the salary of the petitioner at the rate applicable to the post of Lower Grade Hindi Teacher along with arrears within one week from the date of receipt of the copy of the order.
5. It is submitted that immediately on receipt of the orders and documents on this behalf, the Board issued an order to the Headmistress of the school where the petitioner claims to have lien, to release her salary in compliance with the directions issued by this Honourable Court by the interim order dated 21.05.2019. A true copy of the order passed by the Board ROC No.635/17/Edn. dated 13.02.2020 directing the release the salary and arrears to the petitioner is produced herewith and marked as Annexure R2(a)."
7. Added further, by inviting the attention of this Court to the Cont. Case (C)No.2722 of 2019 6 proceedings of Travancore Devaswom Board in ROC.No.635/17/Edn dated 13.2.2020, Mr. Aravindakumar Babu, learned Senior Government Pleader submitted that as the Government cannot make double payment in respect of the same post ie. Lower Grade Hindi Teacher, excess payment made to Mr.K.R.Suresh, appointed in the interregnum, has to be recovered. We accept the affidavit of respondent No.2. However, request of the learned Government Pleader to pass a direction cannot be made in this contempt case as it be amounting to adding words to the interim order passed by the Hon'ble Division Bench. Question that can be considered in this contempt petition is whether there is any wilful contempt or not. No directions can be issued in the contempt case. In such a view of the matter, request of the learned Government Pleader cannot be granted.
In the light of the above discussion, contempt petition is closed.
Sd/-
S.Manikumar, Chief Justice Sd/-
Shaji P.Chaly Judge vpv Cont. Case (C)No.2722 of 2019 7 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE-A1 THE COPY OF THE ORDER DATED 31.08.2017 OF THIS HON'BLE COURT.
ANNEXURE-A2 THE CERTIFIED COPY OF INTERIM ORDER DATED 21.05.2019 IN IA NO.1/2019 IN WA NO.1558/2016.
ANNEXURE-A3 THE TRUE COPY OF THE JUDGMENT DATED 09.08.2019 IN CON.CASE (C) NO.1426/2019.
RESPONDENTS' EXHIBITS:
ANNEXURE R2(a) TRUE COPY OF THE ORDER PASSED BY THE BOARD ROC NO.635/17/Edn. DATED 13.02.2020.
/TRUE COPY/ P.A. TO JUDGE