LAWS(KER)-2018-2-381

SHAJAHAN A. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX) Vs. PRABHAKARAN NAMBIAR M. S/O. E.K. UDAYAVARMA RAJAH (LATE) AND OTHERS

Decided On February 05, 2018
Shajahan A. Secretary To Government, General Education Department, Government Secretariat (Annex) Appellant
V/S
Prabhakaran Nambiar M. S/O. E.K. Udayavarma Rajah (Late) And Others Respondents

JUDGEMENT

(1.) The coercive steps taken by the Tribunal in terms of section 12 of the Contempt of Courts Act, 1971, read with Section 17 of the Administrative Tribunal Act and Rule 2 of the Kerala Administrative Tribunal (Contempt of Court) Rules 2011 for the wilful disobedience displayed by the petitioner in giving effect to the verdict already passed by the Tribunal in TA No.6593/2012 dated 23.10.2014 is the subject matter of challenge before this Court at the instance of the first respondent in the Contempt of Court proceedings.

(2.) Heard Sri. Antony Mukkath, the learned Government Pleader as well as Sri. Murali Pallath, the learned counsel who entered appearance on behalf of the first respondent. The sequence of events is as follows:

(3.) WP(C) No.2861/2010 was filed by the first respondent before this Court, seeking for a direction for stepping up of his pay, at par with his junior Smt.K.V. Girija. By the passage of time the State Administrative Tribunal started functioning, pursuant to which, the matter was transferred to the Tribunal, where it was renumbered as T.A. No.6593 of 2012. After hearing both the sides, the matter was finalised as per Anx.P1 judgment dated 23.10.2014. The operative portion of which as contained in the last paragraph is as follows: