This contempt case is filed alleging that the respondent herein who is the Secretary to Government, Health and Family Welfare Department has willfully disobeyed Annexure 1 interim order passed by this Court on 8.1.2013 in W.P.(C) No.606 of 2013. By that order, this Court directed the Principal, Dr.Padiar Memorial Homoeopathic Medical College Hospital, Chottanikkara and the Secretary of the hospital, who were respondents 3 and 4 in the writ petition, to retain the writ petitioners in service. This Court also directed the State of Kerala to hold negotiations with respondents 3 and 4 and the petitioners and evolve a scheme to ensure payment of salary and allowances to the petitioners having regard to the fact that their appointment was lawfully made based on the need in Dr.Padiar Memorial Homoeopathic Medical College Hospital, Chottanikkara. The allegation is that though several months have passed thereafter, the Government have not been able to evolve a scheme. 2. The respondent has sworn to an affidavit dated 25.10.2013.
In paragraph 4 thereof it is stated that pursuant to the directions COC No.1117/2013 2 issued by this court, a mediation talk was conducted by the Deputy Secretary (Health) in her Chamber on 30.9.2013, that the petitioners and representatives of the Principal and Controlling Officer were present, but neither the Principal nor the Management of Dr.Padiar Memorial Homoeopathic Medical College Hospital, Chottanikkara attended the mediation talk or respond to the communication from the Government and therefore, the issue could not be sorted out.
3. When the contempt case came up for hearing today, Sri.M.A.Fayaz, learned Senior Government Pleader appearing for the State of Kerala submitted that pursuant to the another order passed by this Court, the files were placed before the Honourable Minister and on 7.2.2014 another meeting was convened and on that occasion also neither the Principal nor the Management of the college attended the meeting and therefore, the Government was not in a position to do anything. Such being the situation, I am of the opinion that the petitioners should pursue the writ petition and seek appropriate orders therein. On the facts disclosed, I am of the opinion that no prima facie case has been made out warranting initiation of action against the respondent for contempt of court. From the materials on record, I am of the opinion that the State has done everything possible to arrive at an amicable settlement and merely for the reason that the Principal COC No.1117/2013 3 and Management of the college were not present, no action can be initiated against the respondent.
The contempt case fails and is accordingly dismissed.
vps P.N.RAVINDRAN, (JUDGE)