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2025 DAILYLAW 2996 (KER)

ANEESH v. SRI. MATHEWS

Con.Case(C)/42/2024 · 2025-04-01

D K Singh

Writ Petition (Civil)body2025

Judgment text

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CON.CASE(C) NO. 42 OF 2024 1 2025:KER:28932 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CON.CASE(C) NO. 42 OF 2024 AGAINST THE ORDER/JUDGMENT DATED20.09.2023 IN WP(C) NO.3655 OF 2023 OF HIGH COURT OF KERALA PETITIONER/PETITIONER IN WPC: ANEESH AGED 40 YEARS S/O.RAMANKUTTY, RAMAPADATH HOUSE, VAKKADAPURAM PO, KARAKURUSSI, OTAPPALAM TALUK, PALAKKAD DISTRICT, PIN - 678595 BY ADV K.MOHANAKANNAN RESPONDENTS/RESPONDENTS 1& 3 IN WPC : 1 SRI. MATHEWS AGE AND FATHER’S NAME NOT KNOWN TO THE PETITIONER, WORKING AS DISTRICT EMPLOYMENT OFFICER, FORT ROAD, KENATHUPARAMBU- KUNNATHURMEDU, PALAKKAD, PIN - 678001 2 SRI. MANIKANTAN AGE AND FATHER’S NAME NOT KNOWN TO THE PETITIONER, WORKING AS THE EMPLOYMENT OFFICER, NATIONAL EMPLOYMENT SERVICE(KERALA), TOWN EMPLOYMENT EXCHANGE, SHORNUR, PIN - 679122 3 SRI.SHIJU.S AGE AND FATHER’S NAME NOT KNOWN TO THE PETITIONER WORKING AS THE DISTRICT EMPLOYMENT OFFICER, THAVAKKARA, KANNUR, PIN - 670002 BY ADV ADVOCATE GENERAL OFFICE KERALA MARY BEENA JOSEPH-SR.GP THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CON.CASE(C) NO. 42 OF 2024 2 2025:KER:28932 JUDGMENT The present Contempt Case has been filed for Willful disobedience/non-compliance of the judgment dated 20.09.2023 passed in W.P.(C) No.3655/2023. This Court, while disposing of the said writ petition, gave the following directions: “4. In the present case, the Punjab National Bank has exhausted its list of candidates. The petitioner's case is that his name was not considered due to an error on the part of the second respondent in forwarding the list of prospective candidates to the Employment Exchange, Kannur, instead of to the Punjab National Bank, the prospective employer. The petitioner's grievance is that he will not be considered for employment, as the respondents may believe that he has relinquished his employment by not joining. The learned Government Pleader has assured the court that the petitioner's name will also be included in the next round, provided that the petitioner satisfies the seniority criteria. In view of this submission, necessary directions can be issued. There will be a direction to the respondents to include the petitioner in the next round, provided that the petitioner satisfies the seniority criteria. The fact that the petitioner's name was included in the list forwarded by the second respondent for employment to the Punjab National Bank shall not affect the petitioner's right to have his name considered for employment under the Employment Exchange (Compulsory Notification of Vacancies) Rules, 1960.” 2. In pursuance to the notice issued in the present Contempt Case, an affidavit has been filed by the CON.CASE(C) NO. 42 OF 2024 3 2025:KER:28932 respondent/contemnor stating therein that the petitioner is eligible for consideration against the full-time (Regular) vacancies like hospital attendant, Sweeper, Gardner etc. for three times in accordance with the seniority and reservation criteria up to the age of 50 years. The seniority of the last candidate who had been considered against such regular vacancy was on 16.06.1995 in Ezhava/ Thiyya/ Billava reservation and 19.06.1992 in open reservation. The petitioner's seniority is 16.09.2002. Whenever the petitioner reaches his respective seniority, he shall be considered against such vacancy till the age of 50 years being a disabled candidate. In view of the aforesaid undertaking, the present Contempt Case is closed. Sd/- D. K. SINGH AP JUDGE CON.CASE(C) NO. 42 OF 2024 4 2025:KER:28932 APPENDIX OF CON.CASE(C) 42/2024 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 20-09-2023 IN WRIT PETITION(C) NO.3655/2023 Annexure A2 TRUE COPY OF THE POSTAL RECEIPT DATED 7-11-2023 Annexure A3 TRUE COPY OF THE COMMUNICATION DATED 17.11.2022 ISSUED BY THE PUNJAB NATIONAL BANK Annexure A4 TRUE COPY OF THE COMMUNICATION DATED 12.12.2022 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER & EMPLOYMENT EXCHANGE, SHORNUR UNDER RTI ACT Annexure A5 TRUE COPY OF THE COMMUNICATION OBTAINED FROM THE TOWN EMPLOYMENT EXCHANGE ON 04.01.2023 RESPONDENT ANNEXURES Annexure R1(a) TRUE COPY OF REGISTRATION DETAILS OF THE PETITIONER. Annexure R1(b) TRUE COPY OF THE LIST FORWARDED TO KSFE LTD. Annexure R1(c) TRUE COPY OF THE SEEM NO. 1/85