Kerala High Court
Against The Judgment In Wpc ... vs By Adv. Sri.N.Unnikrishnan on 16 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
AGAINST THE JUDGMENT IN WPC 25998/2016 DATED 05-08-2016 OF HIGH
COURT OF KERALA
PETITIONER/WRIT PETITIONERS
1 A SREEKANTAN
S/O.ARJUN, AGED 55 YEARS,DRIVER GR.II, KSRTC,
PARASSALA AND RESIDING AT SREE BHAVAN,
VELIYANKOTTUKONAM,AYIRA PO, PARASSALA,
THIRUVANANTHAPURAM,-695 504.
2 A.LAZER
S/O.APPI PILLAI, AGED 56 YEARS,DRIVER GR.II, (RTD),
KSRTC,
PARASSALA AND RESIDING AT POTTA PUTHUVAL VEEDU,
KARODE PO, KARODE, UCHAKKADA (VIA), NEYYATTINKARA,
THIRUVANANTHAPURAM-695 504.
3 R.RAVEENDRAN NAIR
S/O.RAMAN PILLAI, AGED 56 YEARS,DRIVER GR.II (RETD),
KSRTC, PARASSALA,AND RESIDING AT RJ BHAVAN,
KALLINGAL PO, PERINKADAVILA (VIA),
THIRUVANANTHAPURAM-695 504.
4 T.DEVANESAN
S/O.THOMAS NADAR, AGED 56 YEARS,DRIVER GR.II (RETD)
GR.II (RETD)KSRTC,
PARASSALA AND RESIDING AT DES BHAVAN, KUTTIKADU,
ELLUVILA PO,KARAKKONAM (VIA),
THIRUVANANTHAPURAM-695 504.
BY ADV. SRI.N.UNNIKRISHNAN
RESPONDENTS/RESPONDENT NO.2 IN THE WRIT PETITION
1 SRI ANTONY CHACKO
S/O.M.A.CHACKO, AGED 52 YEARS,PERMANENTLY RESIDING AT
ETTUKKETTIL HOUSE,CHATHANAD PO, ALAPPUZHA DISTRICT
FORMER CHAIRMAN AND MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023.
2
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
2 SRI.M.G.RAJAMANICKAM IAS
AGE AND FATHERS NAME NOT KNOWN TO THE
PETITIONER,AND PRESENTLY WORKING AS CHAIRMAN AND
MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION AND
RESIDING AT THIRUVANANTHAPURAM.
SRI.T.P.SAJAN,SC, KSRTC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY
HEARD ON 16.02.2021, ALONG WITH Con.Case(C).406/2017(S),
Con.Case(C).1662/2017(S),Con.Case(C).1909/2017(S), THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
3
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
Con.Case(C).No.406 OF 2017 IN WP(C). 25044/2016
AGAINST THE JUDGMENT IN WPC 25044/2016 OF HIGH COURT OF
KERALA
PETITIONERS/WRIT PETITIONERS:
1 SELVARAJ P
S/O.J.PONNAYYAN, AGED 56 YEARS,
CONDUCTOR GR.II(RETD.), K.S.R.T.C., PAPPANAMCODE
AND RESIDING AT KRIPA MANDIR, VALIYANIRAKKAM,
KUNNAPUZHA,ARAMADA - P.O.,
THIRUVANANTHAPURAM - 695 032.
2 SOMARAJ.A.
S/O.APPU PANICKER, AGED 56 YEARS,
DRIVER GR.II(RETD.), K.S.R.T.C., KATTAKKADA AND
RESIDING AT THIRANIVILA MELE VEEDU,
KATTACHALKUZHI P.O.,
BALARAMPURAM,THIRUVANANTHAPURAM - 695 501.
BY ADV. SRI.N.UNNIKRISHNAN
RESPONDENTS/RESPONDENT NO.2 IN THE WPC:
SRI M.G.RAJAMANICKAM, I.A.S
FATHER'S NAME AND AGE NOT KNOWN TO THE
PETITIONER,RESIDING AT THIRUVANANTHAPURAM AND
WORKING AS CHAIRMAN AND MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN,FORT,
THIRUVANANTHAPURAM - 695 023.
SRI.T.P.SAJAN,SC, KSRTC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY
HEARD ON 16.02.2021, ALONG WITH Con.Case(C).429/2017(S),
Con.Case(C).1662/2017(S),Con.Case(C).1909/2017(S), THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
4
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
Con.Case(C).No.1662 OF 2017 IN WP(C). 18000/2016
AGAINST THE JUDGMENT IN WPC 18000/2016 OF HIGH COURT OF
KERALA
PETITIONERS/WRIT PETITIONERS 1TO 3,5,7 TO 13:
1 SATHEESHKUMAR R.
S/O. R. RAGHAVAN, AGED 57 YEARS, CONDUCTOR GR.II
(RETD.), KSRTC, THIRUVANANTHAPURAM CITY AND
RESIDING AT T.C.5/771 (68/2000), SANTHI BHAVAN,
VADAKKE CHITHIRA VAYAL, PACHALLOOR P.O.,
THIRUVANANTHAPURAM DISTRICT - 695 027.
2 MANIYAN. K
S/O. KUTTAN NADAR, AGED 45 YEARS,
CONDUCTOR GR.II KSRTC, NOW WORKING AT
THIRUVANANTHAPURAM CITY DEPOT AND RESIDING AT
VAZHAVILAKATHU VEEDU, THALAKODU, MULLOOR P.O.,
VIZHINJAM - 695 521,
THIRUVANANTHAPURAM DISTRICT.
3 SREEKUMARAN. L
S/O. LAKSHAMANAN, AGED 48 YEARS,
CONDUCTOR GR.II, KSRTC, NOW WORKING AT VELLARADA
DEPOT AND RESIDING AT L.S. BHAVAN,
INCHIPULLUVILA, MULLOOR P.O.,
VIZHINJAM - 695 521, THIRUVANANTHAPURAM.
4 CHANDRABABU. V
S/O. VEDAVYASAN, AGED 57 YEARS, DRIVER GR.II
(RETD.), KSRTC, PALODE (D.T.O.NEDUMANGAD) AND
RESIDING AT PREJITH BHAVAN, GUARD SECTION,
MYLAMOODU P.O.,
THIRUVANANTHAPURAM DISTRICT - 695 609.
5
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
5 B. MADHUSOODHANAN NAIR
S/O. BALAKRISHNA PILLAI, AGED 56 YEARS, DRIVER
GR.II (RETD.), KSRTC, PALODE (D.T.O.NEDUMANGAD)
AND RESIDING AT THADATHARIKATHU VEEDU,
KOLLARUKONAM, PERINGAMMALA P.O.,
THIRUVANANTHAPURAM DISTRICT - 695 563.
6 K. CHANDRAN
S/O. KUTTAN NADAR, AGED 59 YEARS, DRIVER GR.II
(RETD.), KSRTC, VIZHINJAM AND RESIDING AT
METHAMPALLI VEEDU, PAYATTUVILA, PAYATTUVILA
P.O., THIRUVANANTHAPURAM DISTRICT - 695 501.
7 E. SELVARAJ
S/O. ESSAIKIMUTHU, AGED 56 YEARS, DRIVER GR.II
(RETD.), KSRTC, VIZHINJAM AND RESIDING AT HOUSE
NO.XV/26, NEW STREET, BALARAMAPURAM P.O.,
THIRUVANANTHAPURAM - 695 501.
8 S. THANUMOORTHY
S/O. SUBRAMANIYAN, AGED 65 YEARS, DRIVER GR.II
(RETD.), KSRTC, VIZHINJAM AND RESIDING AT
VINAYAKARS STREET, BALARAMAPURAM P.O.,
THIRUVANANTHAPURAM DISTRICT - 695 501.
9 K.R. MURALEEDHARA KURUP
S/O. R. RAGHAVA KURUP, AGED 57 YEARS, DRIVER
GR.II (RETD.), KSRTC, ADOOR AND RESIDING AT
PULARI, MALLIKA, THATTA P.O., PATHANAMTHITTA -
691 525.
10 K.K. SATHYAPAL K.K. SATHYAPALAN
S/O. KUNHIRAMAN, AGED 56 YEARS, DRIVER GR.II
(RETD.), KSRTC, PATHANAPURAM AND RESIDING AT
PULINILKUNNATHIL, AZHOOR,
PATHANAMTHITTA - 689 645.
11 ABDUL AZEEZ RAWTHER. S
S/O. ABDUL RAHMAN RAWTHER, AGED 49 YEARS,
DRIVER GR.II, KSRTC, PATHANAPURAM AND RESIDING
THARAYIL, VADAKKETHIL VEEDU, CHELIKUZHY P.O.,
PATTAZHY NORTH, KOLLAM DISTRICT - 691 556.
BY ADV. SRI.N.UNNIKRISHNAN
6
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
RESPONDENT/RESPONDENT NO.2 IN THE WPC
1 SRI. M.G. RAJAMANICKAM
I.A.S, FATHER'S NAME AND AGE ARE NOT KNOWN,
RESIDING AT THIRUVANANTHAPURAM AND WORKING AS
CHAIRMAN AND MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT
THIRUVANANTHAPURAM - 695 023.
ADDL SRI. A.HEMACHANDRAN I.P.S
R2 PRESENTLY WORKING AS CHAIRMAN AND MANAGING
DIRECTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, TRANSPORT CORPORATION, TRANSPORT
BHAVAN, FORT THIRUVANANTHAPURAM-695023.
ADDL R2 IS IMPLEADER AS PER ORDER DATED
08.12.2017 IN I.A. NO.865/2017 IN COC 1662/2017
ADDL SRI.TOMIN J THACHANKARY IPS
R3 FATHER'S NAME AND AGE ARE NOT KNOWN TO THE
PETITIONER,AND PRESENTLY WORKING AS CHARMAN AND
MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT
CORPORATION,TRANSPORT BHAVAN,
FORT,THIRUVANANTHAPURAM-695023
ADDL R3 IS IMPLEADED AS PER ORDER DATED
9.10.2018 IN I.A. NO.1/2018 IN COC 1662/2017
R1-2 BY ADV. T.P. SAJAN
R3 BY ADV. T.P.SAJAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.02.2021, ALONG WITH Con.Case(C).406/2017(S),
Con.Case(C).429/2017(S), Con.Case(C).1909/2017(S), THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
7
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
Con.Case(C).No.1909 OF 2017 IN WP(C). 25502/2017
AGAINST THE ORDER/JUDGMENT IN WPC 25502/2017 OF HIGH COURT
OF KERALA
PETITIONER/WRIT PETITIONER
M. RAJUDHEEN
S/O.MEERA SAHIB, AGED 56 YEARS,DRIVER GRADE-
II(RETD.), K.S.R.T.C,
PATHANAPURAM DEPOT AND RESIDING AT VATTAVILA
VEEDU, MARROR.P.O.,ELAMANNOOR VIA,
PATHANAMTHITTA.691 524.
BY ADV. SRI.N.UNNIKRISHNAN
RESPONDENT/RESPONDENT NO.2 IN THE WPC
SRI A. HEMACHANDRAN, I.P.S
FATHER'S NAME AND AGE ARE NOT KNOWN TO THE
PETITIONER, AND PRESENTLY WORKING ASCHAIRMAN AND
MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT
CORPORATION,TRANSPORT BHAVAN,
FORT,THIRUVANANTHAPURAM.695 023.
R1 BY SRI.T.P SAJAN, SC, KERALA STATE ROAD
TRANSPORT CORPORATION - KSRTC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY
HEARD ON 16.02.2021, ALONG WITH Con.Case(C).406/2017(S),
Con.Case(C).429/2017(S), Con.Case(C).1662/2017(S), THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
8
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
JUDGMENT
[ Con.Case(C).429/2017, Con.Case(C).406/2017,
Con.Case(C).1662/2017, Con.Case(C).1909/2017 ]
Dated this the 16th day of February 2021
These contempt petitions are filed complaining
that the directives contained in the respective
judgments are not complied with.
2. The writ petitions were disposed of
basically by passing typical directions, which
reads as follows:-
"This
writ petition is filed by petitioners
seeking direction to count the provisional
services rendered by them along with approved
service for the purpose of calculating for pension
and pensionary benefits. The issue was considered
by a Larger Bench of this Court in K.L.Francis v.
KSRTC and another [2015(2) KHC 1] and held
provisional service is entitled to be counted for
pension and pensionary benefits. Therefore, this
writ petition is allowed and respondents are
directed to count the provisional service, if any
rendered by petitioners, within three months from
the date of receipt of a copy of this judgment.
2. Learned standing counsel for the
Corporation submitted that, the judgment in
K.L.Francis is under challenge before the Apex
Court. Therefore, this judgment will be subject to
the result of the Special Leave Petition.
Writ petition is disposed of accordingly."
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
3. Therefore, it can be seen that at the time
of the issuance of the directions, it was clear
that, the subject issue was pending consideration
before the Apex Court.
4. Today when the matter was taken up, learned
Standing Counsel for the Kerala State Road
Transport Corporation has produced an order passed
by the Apex Court dated 13.11.2018, from where I am
satisfied that, all the further proceedings in the
contempt cases pending before this Court was stayed
by the Apex Court.
In that view of the matter, I do not find any
reason to pursue the contempt cases at this stage
of the proceedings. Therefore, the contempt of
court cases are closed, leaving open the liberty of
the petitioners to resurrect the petitions, if and
when situation warrants.
Sd/-
SHAJI P.CHALY
JUDGE
hmh
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
APPENDIX OF Con.Case(C) 429/2017
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 A CERTIFIED COPY OF THE JUDGMENT DATED
05.08.2016 IN WP(C) NO. 25998/2016.
ANNEXURE 2 A TRUE COPY OF THE LETTER DATED
12.08.2016.
ANNEXURE 3 A TRUE COPY OF THE LETTER NO.
PA3/23289/15/WP(C) DATED 08.04.2016.
ANNEXURE 4 A TRUE COPY OF LETTER NO.
PA3/149/2010/W.A DATED 06.06.2016 ISSUED
TO THE 1ST PETITIONER.
ANNEXURE 5 A TRUE COPY OF LETTER NO.
PA3/149/2010/W.A DATED 06.06.2016 ISSUED
TO THE 2ND PETITIONER.
ANNEXURE 6 A TRUE COPY OF LETTER
NO.PA3/149/2010/W.A DATED 06.06.2016
ISSUED TO THE 3RD PETITIONER.
ANNEXURE 7 A TRUE COPY OF LETTER NO.
PA3/149/2010/W.A DATED 06.06.2016 ISSUED
TO THE 4TH PETITIONER.
ANNEXURE 8 A TRUE COPY OF LETTER DATED 02.03.2017
ADDRESSED BY THE COUNSEL FOR THE
PETITIONERS TO THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
APPENDIX OF Con.Case(C) 406/2017
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 A TRUE COPY OF THE JUDGMENT DATED
28.7.2016 IN WPC NO.25044/2016 (E).
ANNEXURE 2 A TRUE COPY OF THE LETTER DATED
4.8.2016.
ANNEXURE 3 A TRUE COPY OF MEMORANDUM
NO.PA3/149/2010/WA DATED 6.6.2016 ISSUED
TO THE FIRST PETITIONER, SELVARAJ P.
ANNEXURE 4 A TRUE COPY OF MEMORANDUM
NO.PA3/149/2010/WA DATED 6.6.2016 ISSUED
TO THE 2ND PETITIONER, SOMARAJ, A.
RESPONDENT'S/S EXHIBITS: NIL
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
APPENDIX OF Con.Case(C) 1662/2017
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF JUDGMENT DATED
24.05.216 IN WPC NO. 18000/2016 (Y)
ANNEXURE 2 A TRUE COPY OF JUDGMENT DATED 03.08.2015
IN WPC NO. 23289/2015 FILED BY SHRI.S.
SADASIVAN AND 4 OTHERS.
ANNEXURE 3 A TRUE COPY OF ORDER NO.
PA3/23289/15/WPC NO. 08.04.2016.
ANNEXURE 4 A TRUE COPY OF JUDGMENT DATED 08.04.2016
IN THE C.O.(C) NO. 485/2016 (S).
ANNEXURE 5 A TRUE COPY OF LETTER DATED 01.06.2016
OF THE COUNSEL FOR THE PETITIONERS.
ANNEXURE 6 A TRUE COPY OF THE MEMORANDUM NO.
PA3/149/2010/WA DATED 06.06.2016
RECEIVED.
ANNEXURE 7 A TRUE COPY OF LETTER DATED 24.10.2016.
RESPONDENT'S/S EXHIBITS:
ANNEXURE R1 A TRUE COPY OF THE ORDER DATED
23.07.2018 PASSED BY THE HONBLE SUPREME
COURT OF INDIA IN TRANSFER PETITION
(CIVIL ) NO. 1073 OF 2018.
ANNEXURE R2 A TRUE COPY OF THE ORDER DATED
04.01.2018 PASSED BY THE HONBLE SUPREME
COURT OF INDIA IN SPECIAL LEAVE PETITION
(CIVL) NO. 33887 OF 2017.
ANNEXURE R3 A TRUE COPY OF THE ORDER DATED
09.04.2018 PASSED BY THE HONBLE SUPREME
COURT, OF INDIA IN SPECIAL LEAVE
PETITION (CIVIL) DIARY NO. 10406 OF
2018.
ANNEXURE R4 A TRUE COPY OF THE ORDER DATED
16.04.2018 PASSED BY THE HONBLE SUPREME
COURT OF INDIA IN SPECIAL LEAVE PETITION
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
(CIVIL) DIARY NO. 10404 OF 2018.
ANNEXURE R5 A TRUE COPY OF THE ORDER DATED
23.04.2018 PASSED BY THE HONBLE SUPREME
COURT OF INDIA IN SPECIAL LEAVE PETITION
(CIVIL) DIARY NO. 10409 OF 2018.
Con.Case(C).No.429 OF 2017(S) IN WP(C). 25998/2016
APPENDIX OF Con.Case(C) 1909/2017
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 A CERTIFIED COPY OF THE JUDGMENT DATED
02.08.2017 IN W.P.C NO. 25502/2017
ANNEXURE 2 A TRUE COPY OF THE LETTER DATED
10.08.2017 BY THE COUNSEL FOR THE
PETITIONER TO THE RESPONDENT.
ANNEXURE 3 A TRUE COPY OF THE LETTER NO.
PA3/25502/2017/WPC DATED 30.08.2017
ISSUED BY THE DEPUTY CHIEF ACCOUNTS
OFFICER (P AND A SECTION).
ANNEXURE 4 A TRUE COPY OF THE ORDER NO.
PA3/23289/15/W.P.C DATED 08.04.2016.
ANNEXURE 5 A TRUE COPY OF THE JUDGMENT DATED
08.04.2016 IN C.O.(C) NO. 485/2016
RESPONDENT'S/S EXHIBITS: NIL
