Sarath Chandran K.S vs Sunil Raj
2023 Latest Caselaw 9113 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
         WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                        CON.CASE(C) NO. 1849 OF 2023
  AGAINST THE ORDER/JUDGMENT WP(C) 41097 /2022 OF HIGH COURT OF KERALA
PETITIONER/S:

            SARATH CHANDRAN K.S
            AGED 61 YEARS
            S/O KARUNAKARAN NAIR, AGED 61 YEARS, KESAVAMANGALAM,
            MUTTACAUD P.O., THIRUVANANTHAPURAM, PIN - 695523
            BY ADV PRIYA SHANAVAS


RESPONDENT/S:

     1      SUNIL RAJ
            THE ACCOUNTANT GENERAL (A&E), INDIAN AUDIT AND ACCOUNTS
            DEPARTMENT, OFFICE OF THE ACCOUNTANT GENERAL (A&E), M.G.
            ROAD, PB NO.5607, THIRUVANANTHAPURAM, PIN - 695001
     2      RAVINDRA KUMAR AGARWAL
            THE ADDITIONAL CHIEF SECRETARY (FINANCE), FINANCE (PENSION-B)
            DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
            695001
     3      BISHWANTH SINHA
            THE ADDITIONAL CHIEF SECRETARY, HOME (C) DEPARTMENT,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
OTHER PRESENT:

            SRI. ANTONY MUKKATH-SR. GP


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
            ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.
                   ==================
                      CO(C) No.1849/2023
   (Arising out of the judgment dated 28.02.2023 in WP(C) No.41097/2022)
                        ==================
                  Dated this the 23rd day of August, 2023
                             JUDGMENT

ALEXANDER THOMAS, J The aforecaptioned Contempt of Court case had been filed in

relation to the non-compliance of the directions and orders passed by

this Court as per Annexure A1 judgment rendered on 28.02.2023 by

the Division Bench of this Court in WP(C) No.41097/2022, filed by

the petitioner.

2. Heard Smt.Priya Shanavas, learned counsel appearing for

the petitioner and Sri.Antony Mukkath, learned Senior Government

Pleader appearing for the respondents.

3. When the above contempt case had come up for

consideration on 18.08.2023, this Court has passed the following

order on that day by recording the submissions of the respondent

officer which reads as follows:

Sri. Antony Mukkath, learned Senior Government Pleader submits that, short time may be granted to enable him to get instructions and he would give necessary advice and instructions to the respondent officers to ensure early compliance of directions in Annexure A1 judgment, dated 28.02.2023, in case the same has not been altered in the manner under law. 2. In view of the aforesaid fair submission made by the learned Senior Government Pleader, we are not now initiating contempt of court proceedings against the respondents. The respondents may take expeditious action for compliance.

- : 2 :-

4. Today, when the matter has come up for consideration,

Sri.Antony Mukkath, learned Senior Government Pleader, appearing

for the respondent Officer (Home Secretary) would submit on the

basis of written instructions of the said respondent that the proposal

of special allowance/pay for the extra administrative work to all the

judicial officers concerned including the present petitioner is under

the active consideration of the Finance Department and that the

Government in the Home Department will issue necessary orders

immediately on obtaining a concurrence to the Finance Department

at the earliest. Further, learned senior Government Pleader would

also submit that the Principal Secretary (Finance) has also given

written instructions as per letter No.Pen-B3/1/2023-Fin(e-2316509)

dated 23.08.2023 that the Finance Department, vide U O Note

No.Pen-B3/1/2023-Fin dated 17.04.2023, have given their

concurrence to the Home Department to take necessary steps to

comply with the judgment in Annexure-1 judgment dated 28.02.2023

in WP(C) No.41097/2022 etc. In the light of written instructions so

furnished by the Home Secretary and the Finance Secretary, the

learned Senior Government Pleader would submit that steps should

be immediately taken to ensure that the directions in Annexure-1

- : 3 :-

judgment is complied with by paying the requisite due amounts to the

petitioner without any further delay. The abovesaid submissions

made on behalf of the respondent Officer and the Finance Secretary

are hereby recorded. Accordingly it is ordered that the respondent

Officer will take necessary steps to ensure that the due amounts in

compliance with the directions in Annexure-1 judgment is paid to the

petitioner without any further delay, at any rate, within a period of six

weeks from the date of receipt of a copy of this judgment.

5. Secretary to the office of the Advocate General will

forward copies of this judgment to the Additional Chief Secretary

(Home) and the Finance Secretary for necessary information and

immediate compliance.

With these observations and directions, the above Contempt of

Court case will stand disposed of.

sd/-

ALEXANDER THOMAS, JUDGE

sd/-

C. JAYACHANDRAN, JUDGE

Nsd APPENDIX OF CON.CASE(C) 1849/2023

PETITIONER ANNEXURES Annexure A1 ONLINE CERTIFIED COPY OF THE JUDGMENT DATED 28.02.2023 OF THIS HON'BLE COURT IN W. P. (CIVIL) NO. 41097 OF 2022 Annexure A2 THE TRUE COPY OF THE COMMUNICATION SENT BY 2ND RESPONDENT TO 1ST RESPONDENT DATED 21.4.2023