K.S.R.T.C. Pensioners’ ... vs V.Venu
2024 Latest Caselaw 4775 Ker

Kerala High Court

K.S.R.T.C. Pensioners’ ... vs V.Venu on 7 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
                     CON.CASE(C) NO. 2763 OF 2023
AGAINST THE JUDGMENT IN WP(C) 23966/2022 OF HIGH COURT OF KERALA
PETITIONERS:

    1     K.S.R.T.C. PENSIONERS' ORGANISATION (REG.NO.1400/80),
          REPRESENTED BY P.A.MOHAMMED ASHARAFF,
          S/O. ALIKUNJU LABBA, AGED 74 YEARS, GENERAL SECRETARY,
          K.S.R.T.C. PENSION BHAVAN, FORT, KOCHAR ROAD,
          THAKARAPARAMBU,THIRUVANANTHAPURAM, PIN - 695023
    2     K.JOHN
          AGED 82 YEARS
          S/O.K.V.VARKEY, KANNAMBARAM, PALLOM, KOTTAYAM,
          PIN - 686007
          BY ADVS.
          S.MOHAMMED AL RAFI
          THAJUNA MARIA FRANCIS
RESPONDENTS:
     1     V.VENU
           AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
           CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001
     2     KESHVENDRA KUMAR IAS
           AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
           SECRETARY, GOVERNMENT OF KERALA, DEPARTMENT OF
           FINANCE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     3     MINI ANTONY IAS
           AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS THE
           SECRETARY, DEPARTMENT OF CORPORATION, SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001
     4     BIJU PRABHAKAR IAS
           AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
           SECRETARY, DEPARTMENT OF TRANSPORT,SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001
     5     BIJU PRABHAKAR IAS
           AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
           MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT
           CORPORATION, TRANSPORT BHAVAN, FORT P.O,
           THIRUVANANTHAPURAM, PIN - 695023
     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C)NO.2763/2023            2

                             JUDGMENT

When this matter was called today, the learned Special

Government Pleader - Sri.Santhosh Kumar, submitted that the

directions in the judgment have been fully complied with and that the

Government of Kerala have issued an order dated 05.02.2024, albeit

rejecting the petitioners' claim, citing financial crisis of the Kerala

State Road Transport Corporation (KSRTC).

2. Sri.Mohammed Al Rafi S. - learned counsel for the

petitioners, however, submitted that the new order is illegal and

unlawful because, it denies benefits as are due to his clients; and that

the citing of financial crisis of the KSRTC can never be found to be a

cogent reason.

3. I am afraid that I cannot adjudicate the afore rival positions

in a Contempt of Court case because, I had, through the judgment in

question, only directed that an apposite decision be taken by the

respondents in terms of law. If they have rejected the claims of the

petitioners, then it is for them to challenge the same appropriately;

for which, certainly, they can approach this Court again.

With the afore liberty being reserved to the petitioners, this

Contempt Case is closed; however, clarifying that I have not entered

into the merits of any of the rival contentions and that they are all left

open.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/7.2

APPENDIX OF CON.CASE(C) 2763/2023

PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE JUDGMENT DATED 05/08/2022 IN W.P(C) 23966/2022 Annexure B CERTIFIED COPY OF ORDER IN I.A NO1/2023 DATED 08/06/2023 IN W.P(C)23966/2022 BY THIS HON'BLE COURT