N. SULFIKKAR Vs. T.J. MATHEW

JUDGEMENT

(1.) THE petitioners in W.P.(C)No.24284 of 2009, which stands transferred to the Kerala Administrative Tribunal have filed this contempt case alleging that the respondent is guilty of having committed civil contempt of this Court as defined in section 2(b) of the Contempt of Courts Act, 1971 and praying that action may be initiated against him for committing civil contempt of this Court. The brief facts of the case are as follows:

(2.) THE petitioners entered service in the Irrigation Department as Draftsman Grade-I on 1.2.1995 on the advice of the Kerala Public Service Commission. At that point of time they possessed only a Diploma in Civil Engineering. While in service, the first petitioner acquired B.Tech degree in Civil Engineering on 16.8.2005 and the second petitioner acquired B.Tech degree in Civil Engineering in December, 2002. Thereafter they were appointed by transfer as Assistant Engineers in the Irrigation Department in accordance with the provisions in rule 3 of the Special Rules for the Kerala Engineering Service (Civil and General Branch). The method of appointment to the category of Assistant Engineer in the Irrigation Department is by direct recruitment and recruitment by transfer from among First Grade Draftsman/First Grade Overseer in the Kerala Engineering Subordinate Service, in the ratio of 6:4. The petitioners were appointed by transfer as Assistant Engineers in the Irrigation Department applying the said ratio. Annexure A1 produced along with the contempt case is the order appointing the petitioners as Assistant Engineers in the Irrigation Department, by transfer.

(3.) AS per the special rules, the Kerala Local Self Government Engineering Service consists of the following categories of officers namely:-