Kerala High Court
C.C.Beena vs Pullanikat Suresh on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
CON.CASE(C) NO. 2105 OF 2021
AGAINST THE ORDER IN WP(C) 25844/2021 OF HIGH COURT OF KERALA
PETITIONER:
1 C.C.BEENA
AGED 57 YEARS
W/O.THOMAS, TOKEN NO.380 OFFICER, STEEL AND
INDUSTRIAL FORGINGS LTD., ATHANI P.O,
THRISSUR-680581, RESIDING AT KAITHATHARA HOUSE,
DIVYA MARIA, KRISHNA NAGAR, 4TH STREET,
KOLAZHY P.O., THRISSUR-680010.
BY ADV T.P.DEYANANTHAN
RESPONDENT:
1 PULLANIKAT SURESH
AGED 55 YEARS
S/O.KRISHNANUNNI, WORKING AS MANAGING DIRECTOR,
THE STEEL AND INDUSTRIAL FORGINGS LTD.,
ATHANI P.O., THRISSUR-680581.
BY ADVS.
SRI. AJI VARGHESE T.G, SC
MARIAM MATHAI
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
CON.CASE(C) NO. 2105 OF 2021
2
JUDGMENT
Dated this the 15th day of February, 2022
The petitioner was granted 4 additional
increments by Ext.P13 in W.P.(C.) No.25844/2021
with effect from 01.09.2012, subject to the approval
by the Government. It seems that thereafter the
Government by Ext.R(b) communication dated
11.08.2020 refused to accord sanction for the
additional increments. Consequently, Ext.R(a) dated
03.11.2021 was issued to the petitioner informing her
that she has to refund the excess amount of
Rs.2,88,271/- received as additional increments
consequent to the claimed anomalies in pay revision.
Contempt petitioner approached this Court by filing
the above writ petition challenging Ext.R(b) as well as
Ext.R(a). This court by an interim order dated
19.11.2021 in the writ petition directed that the
recovery proceedings pursuant to Ext.P18 will stand
deferred till the next posting date.
CON.CASE(C) NO. 2105 OF 2021
2. Contending that in spite of the above order,
the respondent continued to deduct the salary,
violating the orders of this Court, the petitioner has
filed the present contempt petition. Answering the
above allegation, the learned Counsel for the
respondent specifically invited my attention to the last
paragraph of Ext.R(a) which shows that the above
communication has two parts. The first sentence in
the third paragraph refers to the refund of excess
amount of Rs.2,88,271/- by the petitioner. By the
next sentence, she was informed that her next salary
will not include the 4 provisional increments which
was actually declined to be sanctioned by the
Government by Ext.R(b). This Court, by interim order
only interdicted the recovery of the excess amount of
Rs.2,88,271/-. Ext.R(a) communication which
corresponds to Ext.P18 in the writ petition was not
stayed. The learned Counsel clarified that the
reduction in salary now alleged by the petitioner is
the non inclusion of 4 provisional increments as
CON.CASE(C) NO. 2105 OF 2021
referred to in Ext.R(a) in the salary.
3. Evidently, this explains the reduction in
salary. Hence, I find that there is no violation of
interim order granted by this Court and the Contempt
Case cannot survive.
Accordingly, the Contempt Case is closed.
However, it is made clear that this Court has not
expressed any opinion regarding the legality and
correctness of either Ext.R(a) or Ext.R(b), which are
the subject matter of the writ petition.
Sd/-
SUNIL THOMAS
JUDGE
SKP/15-2
CON.CASE(C) NO. 2105 OF 2021
APPENDIX OF CON.CASE(C) 2105/2021
PETITIONER'S ANNEXURES:
ANNEXURE A1 THE CERTIFIED COPY OF THE INTERIM ORDER
DATED 19.11.2021 IN W.P(C)NO.25844/21.
ANNEXURE A2 THE TRUE COPY OF THE PAY SLIP FOR THE
MONTH OF OCTOBER, 2021.
ANNEXURE A3 THE TRUE COPY OF THE PAY SLIP FOR THE
MONTH OF NOVEMBER, 2021.
ANNEXURE A4 TRUE COPY OF THE PAY SLIP FOR THE MONTH
OF DECEMBER 2021 DEDUCTING FROM THE
SALARY.
RESPONDENT'S EXHIBITS:
EXHIBIT R(A) TRUE COPY OF THE LETTER NO.SIFL:HRD:01-
380/21 DATED 03.11.2021 ISSUED BY THE
RESPONDENT WHICH IS PRODUCED AS EXHIBIT
P18 IN THE WRIT PETITION.
EXHIBIT R(B) TRUE COPY OF THE LETTER ISSUED BY THE
GOVERNMENT NO.D2/62/2016/IND DATED
11.8.2020 WHICH WAS PRODUCED AS EXHIBIT
P15 IN THE WRIT PETITION.
TRUE COPY
P.A.TO JUDGE
