Dr.John Kuriakose vs Dr.Usha Titus
2023 Latest Caselaw 10856 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                  CON.CASE(C) NO. 211 OF 2021
AGAINST THE ORDER/JUDGMENT WP(C) 24802/2018 OF HIGH COURT
                           OF KERALA
PETITIONER/S:

            DR.JOHN KURIAKOSE
            AGED 61 YEARS
            S/O. KURIAKOSE, KOCHUPURAKKAL HOUSE,
            CHERUKUNNAM, ASAMANNUR P.O., (VIA) PERUMBAVOOR,
            REPRESENTED BY POWER OF ATTORNEY HOLDER, LEENA
            JOHN, W/O. JOHN KURIAKOSE, AGED 55 YEARS,
            RESIDING AT KOCHUPURAKKAL HOUSE, CHERUKUNNAM,
            ASAMANNUR P.O., (VIA) PERUMBAVOOR, ERNAKULAM
            DISTRICT.
            BY ADV GEORGE ABRAHAM

RESPONDENT/S:

    1       DR.USHA TITUS
            (AGE AND FATHERS NAME NOT KNOWN TO THE
            PETITIONER) SECRETARY, HIGHER EDUCATION
            DEPARTMENT, THIRUVANANTHAPURAM-695 001.
    2       V.VIGNESWARI
            (AGE AND FATHERS NAME NOT KNOWN TO THE
            PETITIONER), DIRECTOR OF COLLEGIATE EDUCATION,
            VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.
    3       ISHITHA ROY I.A.S
            (AGE AND FATHER'S NAME NOT KNOWN TO THE
            PETITIONER), SECRETARY, HIGHER EDUCATION
            DEPARTMENT, THIRUVANANTHAPURAM ADDL R3 IMPLEADED
            VIDE ORDER DATED 21/2/3 IN IA 1/23
OTHER PRESENT:

            SR. GP-K.P.HARISH


        THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Con.Case (C) No.211 of 2021

                                     -2-



                               JUDGMENT

Dated this the 19th day of October, 2023

From the affidavit, it is revealed that,

consequent to the judgment, the period from

12.12.2004 to 30.04.2015 was reckoned as

petitioner's qualifying service, thus enhancing

his qualifying service to 30 years. Based on such

enhancement, sanction for revised pension was

also ordered.

2. Learned Counsel for the petitioner

submitted that the provident fund amount is not

so far disbursed and to that extent, the

direction in the judgment stands violated.

3. To this, the learned Government Pleader

replied, pointing out that the provident fund

amount is to be computed and disbursed by a

different authority and the enhancement of

qualifying service does not effect the closure Con.Case (C) No.211 of 2021

of petitioner's provident fund account, since the

subscription ceased in 2004. It is hence

submitted that the petitioner's remedy is to

approach the Provident Fund Authority.

As I find the above submission to be correct,

the contempt of court case is closed, reserving

the petitioner's right to agitate his grievance

regarding non-payment of provident fund before

the appropriate forum.

Sd/-

V.G.ARUN JUDGE Scl/ Con.Case (C) No.211 of 2021

APPENDIX OF CON.CASE(C) 211/2021

PETITIONER ANNEXURES Annexure D A COPY OF THE ORDER NO. F3/2717/HED DATED 04/12/2021 PASSED BY THE CHIEF SECRETARY, HIGHER EDUCATION DEPARTMENT Annexure E /- A COPY OF THE COMMUNICATION DATED 07/12/2022 ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION Annexure F A COPY OF THE PROCEEDINGS OF THE PRINCIPAL, ST. MARYS COLLEGE, MANARCAUD DATED 27/02/2023 ANNEXURE I A CERTIFIED COPY OF THE FINAL REPORT FILED IN CRIME NO.221/2019 OF THALAPPUZHA POLICE STATION DATED 23.10.2019.

ANNEXURE II A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 15.1.2021.