R.V Rajesh vs V Venu
2023 Latest Caselaw 13596 Ker

Kerala High Court

R.V Rajesh vs V Venu on 21 December, 2023

Author: Anu Sivaraman

Bench: Anu Sivaraman

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 THURSDAY, THE 21ST DAY OF DECEMBER 2023/30TH AGRAHAYANA, 1945
                  CON.CASE(C) NO.2618 OF 2023
     JUDGMENT IN WP(C) 24463/2017 OF HIGH COURT OF KERALA
                        DATED 9.11.2022
                       -----------------
PETITIONER/PETITIONER IN WPC :-

          R.V.RAJESH, AGED 47 YEARS
          S/O.RAMACHANDRAN NAIR, SAROVARAM S-42,
          SASTHRINAGAR SOUTH, KARAMANA P.O,
          THIRUVANANTHAPURAM - 695 002.

          BY ADV K.B.GANGESH


1ST RESPONDENT/1ST RESPONDENT IN WPC :-

    1     V VENU
          AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER
          CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    2     PRANAB JYOTI NATH
          AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER
          PRINCIPAL SECRETARY TO GOVERNMENT,
          DEPARTMENT OF SPORTS AND YOUTH AFFAIRS,
          SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

    3     SANJAY KAUL
          PRINCIPAL SECRETARY TO GOVERNMENT,
          AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER
          DEPARTMENT OF FINANCE, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

          SRI.B.UNNIKRISHNA KAIMAL, SR.GP


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C) NO.2618 OF 2023

                                    -: 2 :-


                                JUDGMENT

Dated this the 21st day of December, 2023

Heard the learned counsel for the petitioner and the learned

Government Pleader appearing for the respondents.

2. Though it is contended by the learned counsel for the

petitioner that the direction in the judgment was to make payments

of salary in accordance with the rules, the petitioner has been

denied the said benefit.

3. The learned Government Pleader, however, contends that

an order has been passed on 12.12.2023 granting the benefits to

the petitioner on the basis of the Government Orders issued since

the rules did not have retrospective effect.

Having considered the contentions advanced on either

side, I am of the opinion that any objection to the Government

Order dated 12.12.2023 will have to be taken up in independent

proceedings. Leaving open all the contentions of the parties in the

said proceedings, this Contempt of Court Case is closed.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/22.12.2023 CON.CASE(C) NO.2618 OF 2023

APPENDIX OF CON.CASE(C) 2618/2023

PETITIONER ANNEXURES :-

Annexure A1 CERTIFIED COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 09.11.2022 IN WP(C) NO. 24463/2017

Annexure A2 A TRUE COPY OF THE COVERING LETTER DATED 21.11.2022 SUBMITTED BY THE PETITIONER TO THE 1 ST RESPONDENT WITH ANNEXURE A1 JUDGMENT

Annexure A3 TRUE COPY OF ACKNOWLEDGMENT CARD DATED 24.11.2022 ACKNOWLEDGING RECEIPT OF ANNEXURE A2

Annexure A4 TRUE COPY OF LETTER DATED 22.12.2022 ISSUED BY THE OFFICE OF THE 2 ND RESPONDENT TO THE PETITIONER

Annexure A5 TRUE COPY OF GO(RT ) NO.37/2023/S&YA DATED 23.01.2023