Sri T S Ramaprasad vs Smt Manjula
2021 Latest Caselaw 1155 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 18TH DAY OF JANUARY, 2021

                      PRESENT

     THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                         AND

THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

              C.C.C NO.40 OF 2021 (CIVIL)

BETWEEN:
1.     SRI T S RAMAPRASAD
       SO LATE T.N.SURYANARAYANA RAO
       AGED ABOUT 70 YEARS
       RETIRED AS SENIOR ASSISTANT
       CORPORATE OFFICE LEGAL SECTION
       BESCOM, K.R.CIRCLE
       BANGALORE-560 009
       R/AT NO.156/6 'Z'
       17TH CROSS, BHAGAVATHI LAYOUT
       HULIMAVU, BANGALORE-560 076.

2.    SRI.GUDADAIAH SANKRI
      S/O LATE SHIVANNA SANKRI
      AGED 69 YEARS,
      RETIRED AS ASSISTANT,
      O/O THE EXECUTIVE ENGINEER (ELEC.)
      BESCOM, BANASHANKARI 2ND STAGE,
      JAYANAGAR DIVISION, BANGALORE-560 070
      AND R/AT SRI GEETHANJALI APARTMENT,
      FLAT NO. 502, BEHIND COFFEE DAY,
      UTARAHALLI MAIN ROAD,
      BANGALORE-560 061.
                                       ... COMPLAINANTS
(BY SHRI DEVARAJ N., ADVOCATE)

AND:
SMT. MANJULA
CHAIRMAN/MANAGING DIRECTOR,
KARNATAKA POWER TRANSMISSION
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CORPORATION LIMITED
CORPORATE OFFICE,
CAUVERY BHAVAN,
BANGALOR-560 009.
                                                  ... ACCUSED
                              ---
      THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURT ACT PRAYING TO INITIATE SEVERE
CONTMEPT PROCEEDINGS AGAINST THE ACCUSED FOR
HAVING DELIBERATELY, INTENTIONALLY AND WILLFULLY
DISBOEYED TO CARRY OUT THE DIRECTIONS CONTAINED IN
THE    COURT    ORDER DATED 19.02.2020 MADE           IN
W.P.NOS.27946-27948/2014 (S-RES) MARKED AT ANNEXURE-Q
AND GIVING FURTHER DIRECTION TO THE ACCUSED TO PAY
22.50% OF THE BASIC PENSION/FAMILY PENSION TO THE
COMPLAINANTS IN TERMS OF CLAUSE VIII(B) OF THE
AGREEMENT/ORDER        DATED   09.09.2011 MARKED     AT
ANNEXURE-C AND FURTHER DIRECT THE ACCUSED TO
RE-FIX THE PENSION/FAMILY PENSION, ETC. AFTER ADDING
ENTIRE 22.50% TO THE BASIC PENSION/FAMILY PENSION
ALONG WITH 18% INTEREST PER ANNAM TILL THE DATE OF
SETTLEMENT OF BENEFITS IN TERMS OF THE JUDGMENT
DATED 18.11.2012 MADE BY THE DIVISION BENCH OF THIS
COURT IN W.A.No.15351-15352/2011 AND EXTEND THE
BENEFIT OF THE SETTLEMENT DATED 09.09.2011 AT
ANNEXURE-C, SUBJECT TO OUTCOME OF THE SLPS NOW
PENDING IN THE HON'BLE APEX COURT.

     THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:

                            ORDER

The learned counsel appearing for the complainants has

tendered a memo seeking permission to withdraw the contempt

petition in view of the undertaking taken by the complainant in

the pending writ appeal.

2. In view of the memo filed on record, the petition is

disposed of as withdrawn.

3. Needless to add that if the impugned order of which

breach is alleged is affirmed in the writ appeal, it will be always

open for the complainants to file a fresh contempt petition.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB