S.Rajasekharan Nair vs Biju Prabhakar
2021 Latest Caselaw 23248 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
   THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                      CON.CASE(C) NO. 2151 OF 2020
AGAINST THE JUDGMENT IN OP 12910/2003 DATED 21.01.2008 OF HIGH COURT
                               OF KERALA
PETITIONER/S:

           S.RAJASEKHARAN NAIR,
           AGED 78 YEARS,
           S/O.LATE SREEDHARAN NAIR, PEON (RETD), OFFICE OF THE
           DISTRICT TRANSPOORT OFFICER, KERALA STATE ROAD TRANSPORT
           CORPORATION, VIZHINJAM, THIRUVANANTHAPURAM RESIDING AT
           DEEPASREE, VENGANOOR, VENGANOOR P.O., VIZHINJAM VILLAGE,
           NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN -
           695 523.
           BY ADVS.
           VADAKARA V.V.N.MENON
           SRI.N.S.GOPAKUMAR
           SRI.S.MOHANA KUMARAN NAIR


RESPONDENT/S:

           BIJU PRABHAKAR,
           S/O.LATE THACHADI PRABHAKARAN, AGED ABOUT 53 YEARS,
           MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT
           CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM,
           PIN- 695 023, RESIDING AT THACHADIYIL HOUSE, THIRUMALA,
           THIRUMALA P.O., THIRUMALA VILLAGE, THIRUVANANTHAPURAM,
           PIN - 695 006.
           BY ADVS.
           SRI.T.P.SAJAN
           SHRI.DEEPU THANKAN, SC, KSRTC


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CON.CASE(C) NO. 2151 OF 2020
                                   -2-

                          JUDGMENT

This contempt petition has been filed for non

implementation of the judgment of a Single Bench of this Court

in O.P.No.12910/2003 dated 21.01.2008, whereby, noticing the

fact that the petitioner had forgone promotion to continue in

service till the age of 60 years, but entitlement of higher grade

was granted on completion of 9 years of passing an order from

the date of receipt of a copy of the judgment and retiral benefits

to be re-fixed and thereafter the arrears of monetary benefits to

be paid within a period of another one month from the date of

passing of that order. The aforementioned judgment was

challenged in Writ Appeal No.695/2008 and Civil Appeal

No.5609/2010, which were dismissed. It is in that background

this contempt petition has been filed.

2. Learned Counsel appearing on behalf of the petitioner

submitted that, vide communication dated 17.03.2020, Annexure

VII; petitioner had called upon the Chairman and Managing

Director of the Kerala State Road Transport Corporation Ltd., to CON.CASE(C) NO. 2151 OF 2020

comply with the judgment of the Hon'ble Supreme Court with

regard to re-fixation of salary and retirement benefits of the

petitioner by submitting a report before the Government and the

Advocate General, as also regards the cost of litigation incurred

by the KSRTC. Thereafter, a representation dated 15.06.2020,

Annexure X, was also submitted before the Hon'ble Minister for

Transport, marking copies of the same to the respondent herein

and the Principal Secretary, Transport Department.

3. In response to the present contempt petition, an affidavit

has been filed by the 1st respondent in March 2021, wherein it is

categorically stated that the Managing Director took charge on

15.06.2020, and the matter was put up before him on

03.07.2020, and as per the calculation extracted in paragraph

No.5, the alleged amount due to the petitioner in terms of the

judgment aforementioned has been credited in the account of

the petitioner by way of cheque on 22.10.2020. It is also stated

that the petitioner had completed 9 years of service and the time

bound grade promotion was given to the petitioner and his salary

was re-fixed accordingly.

CON.CASE(C) NO. 2151 OF 2020

4. Order dated 06.10.2020, Annexure R1(b), has been

submitted along with an affidavit before this Court seeking

exemption of personal appearance, whereby, reasons have been

given for payment of pension, DCRG, Family Pension, DA, etc.

Copy of the same has also been handed over to the counsel for

the petitioner. On the other hand, learned counsel for the

petitioner relied upon the calculation extracted as follows:

Amount due to the petitioner as DCRG - Rs.8984/-

    Arrear pay due                           - Rs.110740/-

              Total amount due               - Rs.119724/-

    Amount received by part payment
    (37620+3762)                             - Rs.41332/-
    Balance amount yet to be received       - Rs.78392/-

    Interest to be received                 - Rs.522585/-

    Gross amount to be received
    by the petitioner                       - Rs.600977/-

5. The aforementioned calculation also indicates that the

petitioner is entitled to get interest at the rate of 18% per CON.CASE(C) NO. 2151 OF 2020

annum.

6. I have heard learned Counsel for the parties and perused

the materials on record.

7. Operative part of the order of this Court in

O.P.No.12910/2003 is extracted hereunder:

"4.That being so, the petitioner cannot be denied time bound higher grade simply because by Ext.P3, the petitioner has relinquished further promotion in order to continue in service till the age of 60 years. In the above circumstances, the petitioner is entitled to time bound higher grade on completion of 9 years as claimed by him. Orders granting such higher grade to the petitioner on completion of 9 years shall be passed within a period of one month from the date of receipt of a copy of this judgment. The petitioner's pay and retirement benefits shall be re-fixed accordingly and arrears of monetary benefits shall be paid within a further period of one month from the date of passing of that order."

8. The order of this court has been complied with as the

calculation as per the respondent has been extracted as

hereunder:

"5. The calculation of amount due to the CON.CASE(C) NO. 2151 OF 2020

petitioner in terms of Ext.P1 judgment, according to the Corporation is as follows:

                        DATE            PAY
                             1984 scale
                      03.05.1987        654
                      03.05.1988        668
                      03.05.1989        682
                      03.05.1990        690
                      03.05.1991        710
                             1990 scale
                      02.02.1990        995
                      02.02.1991       1025
                      02.02.1992       1065
                      02.02.1993       1105
                      02.02.1994       1145
                      02.02.1995       1185
                      02.02.1996       1235
                      21.04.1996       1335
                                  (promotion as
                                    Peon I gr)
                      02.02.1997       1385
                      02.02.1998       1435
                             1997 scale
                      01.03.1997       4000
                      01.03.1997       1090

It is respectfully submitted that this deponent has directed the concerned officers to look in to Annexure A15 and it is reported that the claims raised in Annexure A15 is not in connection with the implementation of Annexure A1 judgment."

9. As per the calculation extracted by the petitioner in the

contempt petition as well as by the respondent, there is a huge

difference and of course, it would be as petitioner has added CON.CASE(C) NO. 2151 OF 2020

18% of interest. In the direction of this Court, there is no

element of interest. Thus, this Court would not be in a position

to accept the reasons assigned by the petitioner for non

compliance of the directions of this Court. Petitioner is at liberty

to challenge the order in accordance with law.

The contempt petition stands dismissed accordingly.

Sd/-

AMIT RAWAL JUDGE

uu 26.11.2021 CON.CASE(C) NO. 2151 OF 2020

APPENDIX OF CON.CASE(C) 2151/2020

PETITIONER ANNEXURE ANNEXURE i THE CERTIFIED COPY OF THE JUDGMENT DATED 21ST JANUARY 2008 PASSED BY THE SINGLE BENCH OF THIS HON'BLE COURT IN O.P.NO.12910 OF 2003 (J) FILED BY THE PETITIONER.

ANNEXURE II THE CERTIFIED COPY OF THE JUDGMENT DATED 5TH AUGUST, 2008 PASSED BY THIS HON'BLE COURT IN W.A.NO.695/2008(E), FILED BY THE RESPONDENT.

ANNEXURE III THE ATTESTED COPY OF THE ORDER DATED 14TH JANUARY, 2020 PASSED BY THE SUPREME COURT IN INDIA IN CIVIL APPEAL NO.5609/2010, FILED BY THE RESPONDENT.

ANNEXURE IV THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 19/2/2020 TO THE THEN M.D., KSRTC ALONG WITH THE CERTIFIED COPY OF THE ORDER DATED 14/1/2020 PASSED BY THE SUPREME COURT OF INDIA IN CIVIL APPEAL NO.5609/2010 AND PHOTOCOPIES OF THE JUDGMENTS DATED 21/8/2008 IN O.P.NO.12910/2003(E) BOTH PASSED BY THIS HON'BLE COURT AND THE CASE SUMMARY AND DISCHARGE RECORD DATED 20/6/2008 ISSUED TO THE PETITIONER FROM SREE CHITRA THIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY.

ANNEXURE V POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE M.D., KSRTC ON 20/2/2020.

ANNEXURE VI TRUE PHOTOCOPY OF THE REPRESENTATION DATED 27/2/2020 SENT BY THE PETITIONER TO THE GOVERNMENT PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT (MARKED HEREIN WITHOUT ENCLOSURES).

ANNEXUR VII GOVERNMENT LETTER NO.TRANS-A3/89/2020/TRANS DATED 17/3/2020 SENT BY THE GOVERNMENT PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT TO THE THEN M.D., KSRTC, COPY OF WHICH WAS MARKED AND SENT BY HIM TO THE PETITIONER. ANNEXURE VIII TRUE PHOTOCOPY OF THE REPRESENTATION DATED 27/2/2020 SENT BY THE PETITIONER TO THE HON'BLE MINISTER FOR TRANSPORT ALONG WITH 4 DOCUMENTS PRODUCED WITH ANNEXURE IV CON.CASE(C) NO. 2151 OF 2020

REPRESENTATION (MARKED HEREIN WITHOUT ENCLOSURE IN THE REPRESENTATION).

ANNEXURE IX ORIGINAL ACKNOWLEDGMENT CARD NO.P.801/TS/2020/M(T) DATED 7/3/2020 ACKNOWLEDGING THE RECEIPT OF ANNEXURE VIII REPRESENTATION.

ANNEXURE X TRUE PHOTOCOPY OF THE REPRESENTATION OF THE PETITIONER DATED 15/6/2020 ADDRESSED TO THE HON'BLE MINISTER FOR TRANSPORT, MARKING COPIES OF THE SAME TO THE RESPONDENT HEREIN AND THE GOVT. PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT (MARKED HEREIN WITHOUT ENCLOSURES IN THE SAID REPRESENTATION). ANNEXURE XI TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGMENT CARD, EVIDENCING THE RECEIPT OF ANNEXURE X REPRESENTATION BY THE HON'BLE MINISTER FOR TRANSPORT ON 16/6/2020.

ANNEXURE XII TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGMENT CARD, EVIDENCING THE RECEIPT OF ANNEXURE X REPRESENTATION BY THE RESPONDENT.

ANNEXURE XIII TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGMENT CARD, EVIDENCING THE RECEIPT OF ANNEXURE X REPRESENTATION BY GOVERNMENT PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT.

ANNEXURE XIV TRUE PHOTOCOPY OF THE ADVOCATE NOTICE DATED 28/8/2020 SENT BY THE COUNSEL OF THE PETITIONER FOR AND ON BEHALF OF THE PETITIONER, AS PER HIS INSTRUCTION. ANNEXURE XV TRUE PHOTOCOPY OF THE REPRESENTATION DATED 25/11/2020 SENT BY THE PETITIONER TO THE RESPONDENT.

ANNEXURE XVI THE POSTAL ACKNOWLEDGMENT CARD WITH DATE STAMP 2/12/2020 EVIDENCING THE RECEIPT OF THE ANNEXURE XV REPRESENTATION BY THE RESPONDENT.