Kerala High Court
Transport Retired Officers Forum, ... vs Dr. V. Venu I A S 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. 2636 OF 2023
AGAINST THE JUDGMENT WP(C) 24566/2022 OF HIGH COURT OF KERALA
PETITIONERS:
1 TRANSPORT RETIRED OFFICERS FORUM, T.748/11
AGED 69 YEARS
REPRESENTED BY ITS GENERAL SECRETARY, M.VIJAYAKUMAR,
TROF HEAD OFFICE, THIRUVANANTHAPURAM, PIN - 695001
2 M.VIJAYAKUMAR
AGED 69 YEARS
(RETIRED DISTRICT TRANSPORT OFFICER, KSRTC)
GENERAL SECRETARY, TRANSPORT RETIRED OFFICERS FORUM,
T.748/11, S/O.V.MADHAVAN PILLAI, VIGIS COTTAGE,
ELAMDU P.O., ELAMADU, TRIVANDRUM DIST., PIN - 691533
3 O.P.ANTONY
AGED 66 YEARS
(RETIRED EXECUTIVE DIRECTOR, KSRTC,) VICE PRESIDENT,
TRANSPORT RETIRED OFFICERS FORUM, T.748/11,
S/O. PAUL, URUMBATH HOUSE, THAIKKATTUKARA P.O.,
ALWAYE, PIN - 683106
BY ADVS.
T.P.PRADEEP
P.K.SATHEES KUMAR
R.K.PRASANTH
MINIKUMARY M.V.
JIJO JOSEPH
RESPONDENTS:
1 DR.V.VENU IAS
(AGE & FATHERS NAME ARE NOT KNOWN TO THE PETITIONER),
CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 BIJU PRABHAKAR IAS
(AGE & FATHERS NAME ARE NOT KNOWN TO THE PETITIONER),
THE SECRETARY, GOVERNMENT OF KERALA,
DEPARTMENT OF TRANSPORT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 BIJU PRABHAKAR IAS
(AGE & FATHERS NAME ARE NOT KNOWN TO THE PETITIONER),
THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, TRANSPORT BHAVAN,
FORT P.O. ,THIRUVANANTHAPURAM, PIN - 695023
CON.CASE(C)NO.2636/2023 2
SRI.SANTHOSH KUMAR - SPL GP
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.2636/2023 3
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.T.P.Pradeep - 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) 2636/2023
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED
05.08.2022 IN W.P© NO. 24566/2022
Annexure A2 CERTIFIED COPY OF THE ORDER DATED
06.06.2023 IN IA.NO.1/2023 IN WP(C) NO.
24566 OF 2022
