Sumangala K. vs Balakrishnan

P.R. Ramachandra Menon, J.—This contempt petition has been filed stating that the direction contained in the interim order dated 18.08.2010 passed by a Bench of this Court has been simply given a go by. The order produced as Annexure A1 shows that the direction was given to the 3rd respondent to permit the petitioner to rejoin duty, if there was any vacancy and pay her salary in ccordance with rules. The respondent/contemnor has filed an affidavit stating that there is no vacancy at all and the factual position has been sought to be substantiated by filing the particulars in a tabular form, produced as Annexure R1(a).

The learned Senior Government Pleader appearing for the respondent submits that the petitioner, while working in the concerned school, was sent on deputation to "Sarva Siksha Abhiyan" and while working so, she sought for voluntary retirement and thereafter there was some dispute which led to the proceedings before this Court. It is brought to the notice of this Court that two posts were available in the concerned school where the petitioner was working earlier and one of the two posts happened to be abolished, while another teacher is continuing in the other post. This being the position, there is no vacancy at all, so as to accommodate the petitioner. Since the direction given by this Court as per the interim order is to allow the petitioner to rejoin duty, "if" there is a vacancy and since there is no vacancy, there is no violation of the interim order, much less any wilful disobedience so as to initiate contempt proceedings, submits learned Senior Government Pleader.

After hearing both sides, we find that there is considerable force in the submissions made from the part of the respondent. We do not think it necessary to proceed further with regard to the alleged act of contempt. Accordingly, interference is declined and the contempt matter is dismissed, however, without prejudice to the rights of the petitioner in pursuing the Writ Appeal.