T.K.Ambootty Nair vs P.K.Vinod Kumar
2023 Latest Caselaw 12541 Ker

Kerala High Court

T.K.Ambootty Nair vs P.K.Vinod Kumar on 22 November, 2023

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
      Wednesday, the 22nd day of November 2023 / 1st Agrahayana, 1945
            CONTEMPT CASE(C) NO. 924 OF 2013(S) IN WPC 28287/2010

  PETITIONER:


         T.K.AMBOOTTY NAIR, S/O. KUNJAMBU NAIR, AGED 61 YEARS,

         RESIDING AT VEETTIYADUKKAM, KANATHUR, MULLIYAR,

         KASARGOD DISTRICT.

      BY ADVOCATE SRI. T.V. JAYAKUMAR NAMBOODIRI

  RESPONDENTS:


    1. P.K. VINOD KUMAR,, AGED 42 YEARS, S/O. NARAYANAN NAIR, WORKING AS
       SECRETARY, KASARAGOD CO-OPERATIVE MARKETING AND PROCESSING SOCIETY
       LTD.NO.FF104 SERVICE COOPERATIVE BANK LTD., VIDYANAGAR (PO),
       KASARAGOD P.O., KASARAGOD DISTRICT.
    2. MOHAMED FAIZY, AGED 53 YEARS, WORKING AS SECRETARY, KERALA STATE
       CO-OPERATIVE EMPLOYEES PENSION BOARD, T.C.NO.156/57, P.B.NO.85,
       AYURVEDA COLLEGE JUNCTION, THIRUVANANTHAPURAM DISTRICT.

      ADVOCATES M/S. HEMALATHA, BINU GEORGE & P.P.JACOB FOR R1.
      ADVOCATES M/S K.R.SUNIL & M. SASINDRAN FOR R2.

     This Contempt of court case (civil) having come up for orders on
22.11.2023, the court on the same day passed the following:




                                                             P.T.O.
                       RAJA VIJAYARAGHAVAN V, J.
                     -------------------------------------
                    Cont.Case(C) No.924 of 2013
                    ---------------------------------------
               Dated this the 22nd day of November, 2023


                                     ORDER

This Contempt Case is filed alleging non-compliance of the directions

issued by this Court in judgment dated 10.1.2013 in W.P(C) No.28287 of 2010.

While disposing of the matter, this Court had ordered as under:

i) The 1st respondent shall effect payment of the balance contribution to the 2nd respondent Pension Board within a period of one month from the date of receipt of copy of the judgment.

ii) The 1st respondent shall also pay all other amounts due to the petitioner including the arrears of salary which had been unilaterally withheld within a period of three months from the date of receipt of a copy of the judgment.

iii) On receipt of the contribution from the 1st respondent, the 2nd respondent shall endeavour to pay the pension to the petitioner within a further period of one month.

2. It appears that direction No.(i) has been complied with.

3. A counter affidavit dated 29.7.2023 has been filed by the

respondents wherein it is stated that due to the poor financial position of the

society, there has occurred some delay in complying with the directions.

Records have been produced to substantiate that a sum of Rs.1,56,501/- and a

further sum of Rs.1,825/- has been paid. Insofar as leave surrender is

concerned, it has been stated that no amount is due to the petitioner under the

above head. It is further stated that there is no adjudication in the writ petition

regarding the above claim.

4. A reply affidavit has been filed wherein the petitioner has raised the

claim for the leave surrender benefits due to the petitioner.

5. From the submissions advanced, I find that the stand of the

respondents is that the leave surrender benefits are not due to the petitioner

herein. I am of the view that while disposing of the matter, this Court had

directed the 1st respondent to pay all other amounts due to the petitioner,

including arrears of salary. In that view of the matter, the contention of the

respondents that the petitioner is not entitled to any amount by way of leave

surrender benefits cannot be sustained.

The respondents are directed to compute the amounts due to the

petitioner under the Head Leave Surrender and file a statement within a period

of ten days. The petitioner shall also file a statement.

Post after ten days.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE IAP

22-11-2023 /True Copy/ Assistant Registrar