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pramod   25 January 2018

Non compliance of high court order

The hon. high court of Kerala in its judgement order in respect of WP(C). on 20 December 2016 directed University to 'independently, without being influenced by the stand of the respective colleges, take a decision as to the last pay to be fixed reckoning service of the petitioner in both the colleges where the petitioner had served. This exercise shall be completed by the competent authority in the University within a period of three months from the date on which the petitioner makes an application along with the relevant documents'.  The petitioner had submitted all documents and judgement order on 13 January 2017. On 13 march 2017, the university communicated that 'the services of the petitioner in the colleges can be reckoned for pay fixation. however as the pay fixation of the services rendered by the petitioner in the private aided colleges does not come under the purview of the university, the Deputy Directorate of Collegiate Education needs to be approached for the same'. A copy of the same was sent to the  Deputy Directorate of Collegiate Education  also. But no fixation has been carried out till date. It is learnt that the contempt of court petition needs to be made within one year of contempt.I may be guided in this matter. Against whom should the contempt be made? Should any letter needs to be written before filing the contempt? I would like to avoid filing case as it is cumbersome and time consuming. Kindly guide me in the matter. Kindly provide me guidance regarding the procedure also.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 January 2018

Against the whom you have taken the order

pramod   25 January 2018

First respondents is state of Kerala, second is the directorate of collegiate education, third is the deputy director of collegiate education ,fourth the university. Court direction was for the university to fix the pay. They gave reply that fixation is to be done by third respondent . When contacted the third respondent says we do not know what to do. University should have fixed the pay. Without doing anything the proposal for fixation is with deputy director office for last 7 months

(Guest)

Sir, do file a contempt case in High COURT.

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