Kerala High Court
Mon Joseph vs Anand Singh Ias on 4 June, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE BASANT BALAJI
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
CON.CASE(C) NO. 2081 OF 2023
AGAINST THE JUDGMENT DATED 24.05.2023 IN W.A.NO.1647 OF
2017 OF HIGH COURT OF KERALA
PETITIONER/1ST RESPONDENT IN W.A.NO.1647 OF 2017:
MON JOSEPH, AGED 48 YEARS
S/O. JOSEPH, OTTATHYCAL HOUSE, NELLICKAMON P.O,
RANNI, PATHANAMTHITTA DISTRICT, PIN - 689680
BY ADVS.P.HARIDAS
BIJU HARIHARAN
P.C.SHIJIN
RAJASREE T.R.
ROSHIN MARIAM JACOB
RESPONDENTS/APPELLANTS IN W.A.NO.1647 OF 2017:
1 ANAND SINGH IAS
AGE AND FATHER'S NAME AND PLACE OF RESIDENCE NOT
KNOWN TO THE PETITIONER, SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 VIMAL V.R
AGE AND FATHER'S NAME AND PLACE OF RESIDENCE NOT
KNOWN TO THE PETITIONER, PRESENTLY WORKING AS
SUPERINTENDENT ENGINEER, PWD ROADS AND BRIDGES,
SOUTH CIRCLE, THIRUVANANTHAPURAM, PIN - 695001
3 SHEENA RAJAN
AGE, FATHER'S NAME AND PLACE OF RESIDENCE NOT
KNOWN TO THE PETITIONER, PRESENTLY WORKING AS
EXECUTIVE ENGINEER, PWD ROADS DIVISION,
PATHANAMTHITTA, PIN - 689642
2
Cont.Case (C)No.2081 of 2023
4 SHEEJA THOMAS
AGE, FATHER'S NAME AND PLACE OF RESIDENCE NOT
KNOWN TO THE PETITIONER, PRESENTLY WORKING AS
ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SECTION,
ADOOR, PATHANAMTHITTA, PIN - 689142
5 VINEETHA V
AGE, FATHER'S NAME AND PLACE OF RESIDENCE NOT
KNOWN TO THE PETITIONER, PRESENTLY WORKING AS
ASSISTANT ENGINEER, PWD ROADS SECTION, ADOOR,
PATHANAMTHITTA, PIN - 689142
R BY SMT. RASHMI K.M-SR. GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
Cont.Case (C)No.2081 of 2023
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this Contempt Case alleging wilful disobedience of the directions contained in the judgment dated 24.05.2023 in W.A.No.1647 of 2017 of a Division Bench of this Court, in which one among us [Basant Balaji, J.] was a party, whereby that writ appeal was dismissed with certain directions. Paragraph 10 and also the last paragraph of that judgment read thus;
"10. Before the learned Single Judge, it was proved that Ext.P7 can be acted upon, and the learned Single Judge has accepted it also. Moreover, as directed by this court in this Writ Appeal, the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Ernakulam unit, had conducted an inquiry as to whether the respondent/ contractor has done the work or not. In his report, it is specifically stated that the contractor had taken over the work site and started the work. But it cannot be said that the work has been completed. Therefore, relying on Ext.P7 and the report of the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Ernakulam unit, it can be safely concluded that the petitioner has completed the work. We do not find any merit in this appeal and accordingly, this Writ Appeal is dismissed. Since the appeal is of the year 2017, we grant two months from today to the appellants to pay the amounts as directed by the learned Single Judge, and in default of paying the amount as directed by this judgment, we direct 4 Cont.Case (C)No.2081 of 2023 the appellants to pay the amount with 6% interest from the date on which the money became due payment till the actual payment."
2. On 20.10.2023, when this matter came up for admission, this Court noticed that along with I.A.No.1 of 2023 the learned counsel for the petitioner has placed on record Annexure 2 order dated 09.10.2023 of the Apex Court, whereby Special Leave Petition (C)No.21234 of 2023 filed by the State against Annexure 1 judgment stands dismissed. The learned Senior Government Pleader submitted that steps are being taken to implement the direction contained in Annexure 1 judgment.
3. The 2nd respondent has filed an affidavit dated 08.12.2023, explaining the facts and circumstances. The petitioner has also filed a reply affidavit dated 14.03.2024, producing therewith Annexure 3 communication dated 20.12.2023 of the Chief Engineer, Public Works Department.
4. Along with a memo dated 27.03.2024 of the learned Senior Government Pleader, a copy of G.O.(Rt)No.159/2024/ PWD dated 08.02.2024 is placed on record, whereby an amount of Rs.6,98,324/- is ordered to be disbursed to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Senior Government Pleader for the respondents.
6. The learned counsel for the petitioner would submit 5 Cont.Case (C)No.2081 of 2023 that in terms of the Government Order dated 08.02.2024, the petitioner has been disbursed with an amount of Rs.6,98,324/-. According to the petitioner, his entitlement is for a higher amount, as stated in the reply affidavit dated 14.03.2024. For delayed payment, the petitioner is entitled to interest at the rate of 6% per annum.
7. Having considered the submissions made by the learned counsel for the petitioner and also the learned Senior Government Pleader, we are of the view that in case the petitioner is having any grievance regarding the amount disbursed to him in terms of the Government Order dated 08.02.2024, he has to challenge that order before the proper forum, raising appropriate contentions.
Without prejudice to the aforesaid right of the petitioner, this Contempt Case is closed.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
BASANT BALAJI, JUDGE AV/6/6 6 Cont.Case (C)No.2081 of 2023 APPENDIX OF CON.CASE(C) 2081/2023 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE JUDGMENT IN THE WRIT APPEAL NO. 1647 OF 2017 DATED 24.05.2023 Annexure 2 TRUE COPY OF THE ORDER IN PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO. 21234/2023 DATED 9.10.2023 ANNEXURE 3 True copy of the communication NO.CEPWD/20210/2023-C1(PL)-RD issued by the Chief Engineer, Public Works Department to the petitioner dated 20.12.2023