The court determined that the promotion orders did not constitute contempt as they were not in violation of previous court directives.

JUDGMENT

Muralee Krishna, J.

This Contempt Case (Civil) is filed by the petitioner alleging wilful disobedience of Annexure-1 order dated 17.06.2025 passed by this Court in O.P.(KAT) No.97 of 2023.

2. The petitioner filed O.P.(KAT) No.97 of 2023, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging the order dated 23.02.2023 of the Kerala Administrative Tribunal, Additional Bench at Ernakulam, in O.A.(EKM)No.203 of 2021. The petitioner is working as Junior Health Inspector Grade II in the Health Services Department. His next promotion post is Junior Health Inspector Grade I, then Health Inspector, Health Supervisor, Technical Assistant and so on. According to the petitioner, the inter se dispute between the petitioner and the contesting respondents involved a substantial question of law, and there are diverse opinions of two Division Benches. Accordingly, by the order dated 17.06.2025, this Court referred the matter for consideration by a Full Bench. It is also ordered that till further orders are passed in the reference, no promotion shall be effected without the leave of the Court. But in total violation of the said order, the respondent promoted Health Supervisors as Technical Assistant Grade II and Health Inspector Grade II as Health Supervisor. Unless and until the issue is resolved by the Full Bench, further promotions are restricted by Annexure-1 order. But the respondent issued Annexures 2 and 4 promotion orders dated 15.07.2025 and 07.08.2025, respectively, and the same is a clear contempt of the order of this Court dated 17.06.2025.

3. The respondent filed an affidavit dated 08.10.2025, producing therewith Annexure R1 (a) document. To that affidavit, the petitioner filed a reply affidavit dated 07.11.2025.

4. Heard the learned counsel for the petitioner and the learned Senior Government Pleader.

5. In O.P.(KAT) No.97 of 2023, along with two other similar original petitions, by the order dated 17.06.2025, this Court considered the dispute with regard to the qualification referred to in item No. (iii) of the qualifications prescribed for the post of Junior Health Inspector Grade II as per G.O.(MS) No.24/89/H & FWD dated 23.01.1989. On finding that the law laid down in W.A.No.2284 of 2000 and connected cases, followed in O.P. (KAT)No.135 of 2015 and connected cases, was not the correct law, the Division Bench referred the original petitions for consideration by a Full Bench. It was further directed that till further orders are passed in the reference, no promotion shall be effected without the leave of the Court. According to the petitioner, by Annexures 2 and 4 orders, the respondent promoted Health Supervisors as Technical Assistant Grade II and Health Inspector Grade II to Health Supervisor. But the stand of the respondent in the affidavit dated 08.10.2025 is that the post of Technical Assistant Grade II, which is a further higher post of Health Supervisor. Since the promotion to the cadre of Health Supervisor has been made from the seniority list pertaining to the period from 01.01.1997 to 31.03.2000, any promotion to a higher post could only be made from the same or from the previous seniority list. Hence, the same does not come under the purview of the order under challenge in O.P.(KAT)No.97 of 2023. Paragraphs 7 to 13 of the affidavit dated 08.10.2025 filed by the respondent read thus:

“7. Therefore, the seniority list prior to 01/04/2000,which has been finalized in accordance with judgement of the Hon’ble High Court dated 02.03.2018 in OP(KAT) 135 of 2015 and the subject matter in SLP (Civil) No.12363 of 2018. The Honourable Supreme Court in the above SLP (Civil) No.12363 of 2018 ordered that, “leave is granted, any promotion s