IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
CON.CASE(C) NO. 94 OF 2022
AGAINST THE JUDGMENT IN WP(C) 16071/2021 OF HIGH COURT OF
KERALA
PETITIONER:
R.M.RAMACHANDRAN,AGED 65 YEARS
S/O. KANNAN NAIR, RAYAROTH HOUSE, KAYALOOR,
CHAVASSERY POST, MATTANNUR MUNICIPALITY, KANNUR
DISTRICT 670 702.
BY ADV GEORGE SEBASTIAN
RESPONDENT:
VINOD, AGE AND FATHER'S NAME NOT KNOWN TOT THE
PETITIONER, PRESENTLY WORKING AS THE SECRETARY,
MATTANNUR MUNICIPALITY, KANNUR DISTRICT PIN 673
001.
BY ADV P.V.ANOOP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Sathish Ninan, J.
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Cont. Case(C) No.94 of 2022
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Dated this the 1st day of June, 2022
JUDGMENT
The petitioner is aged 65 years and suffers from 80 % physical(visual) disability. He had approached this Court in W.P(C) No.16071 of 2021 since he was not being paid the Indira Gandhi National Old Age Pension for which he claimed to be entitled to. As per judgment dated 01.10.2021 this Court directed the Municipality to consider his claim in the light of Clause 3(ii) of Ext P8 order dated 06.07.2018. The directions have not been complied with so far, alleges the petitioner.
2. On behalf of the respondent, a statement has been placed on record wherein it is mentioned that, pursuant to the directions of this Court, the claim was considered and the petitioner was found eligible. Thereupon, pension is being disbursed. As regards the claim for arrears of pension, it is stated that, the C.O(C)No.94 of 2022 -: 2 :- application for Old Age Pension was submitted by the petitioner on 21.07.2016 whereas the Government Order in question was passed on 06.07.2018 only. Referring to Clause No.5 of Annexure R1(a) Circular dated 26.02.2019 issued by the Directorate of Panchayath it is contended that, payment of arrears could be considered only on the Government making available sufficient funds in the said regard.
It is seen that in compliance with the directions in the judgment the entitlement of the petitioner for pension under the Scheme has been found and disbursement is being effected. No prima facie case of contempt is made out. The Contempt Case is closed without prejudice to the rights of the petitioner to have the claim for arrears of pension agitated in appropriate proceedings.
Sd/-
Sathish Ninan, Judge vdv APPENDIX OF CON.CASE(C) 94/2022 PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE APPLICATION DATED 21-07-2016 SUBMITTED BY THE PETITIONER.
Annexure B A TRUE COPY OF THE RECEIPT DATED 29-07-2016 FROM THE MATTANNUR MUNICIPALITY Annexure C A TRUE COPY OF THE GOVERNMENT ORDER DATED 6-07-2018 BEARING NUMBER 241/2018 OF FINANCE Annexure D A CERTIFIED COPY OF THE JUDGMENT DATED 1-10-2021 IN W.P(C) NO. 16071/2021 Annexure E A TRUE COPY OF THE COMMUNICATION DATED 21-10-2021 FROM THE OFFICE OF THE 2ND RESPONDENT Annexure F A TRUE COPY OF THE SMS RECEIVED BY THE PETITIONER SHOWING RECEIPT OF RS. 600/- ON 4-12-2021