Kerala High Court
The Kerala Vocational Higher Secondary ... vs Shri.Rabindra Kumar Agarwal on 3 July, 2024
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Wednesday, the 3rd day of July 2024 / 12th Ashadha, 1946
CONTEMPT CASE(C) NO. 704 OF 2024(S) IN OP(KAT) 180/2016
PETITIONERS:
1. THE KERALA VOCATIONAL HIGHER SECONDARY SCHOOL LAB TECHNICAL
ASSISTANTS' UNION, REPRESENTED BY ITS GENERAL SECRETARY,
SRI.PRADEEP KUMAR, AGED 43 YEARS, LABORATORY TECHNICAL
ASSISTANT, K.P.S.P.M. V.H.S.S., EAST KALLADA, KOLLAM, RESIDING AT
GOPI NIVAS, PUNNAKULAM, KOTTUKAL P.O, THIRUVANANTHAPURAM, PIN -
695 501.
2. JAYACHANDRA VARMA. G, AGED 48 YEARS, S/O.GODAVARMA.K.M.,
LABORATORY TECHNICAL ASSISTANT (C.S), SREEKRISHNA VOCATIONAL
HIGHER SECONDARY SCHOOL, KURICHITHANAM, KOTTAYAM DISTRICT,
RESIDING AT RAJ BHAVAN, KURICHITHANAM, KOTTAYAM DISTRICT, PIN -
688 634.
3. DILEEP KUMAR.S., AGED 44 YEARS, S/O. BHASKARAN PILLAI.K,
LABORATORY TECHNICAL ASSISTANT, GOVERNMENT VOCATIONAL HIGHER
SECONDARY SCHOOL, KUMILY, IDUKKI, RESIDING AT CHANGAYIL
THEKKETHIL, PERUMKULAM P.O, PALLICKAL, KOLLAM, PIN - 691 565.
BY ADVS. M/S. M.R.ANISON & V.BHARGAVI (PANANGAD)
RESPONDENTS:
1. SHRI.RABINDRA KUMAR AGARWAL, SECRETARY TO GOVERNMENT, FINANCE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695
001.
2. SMT.RANI GEORGE, SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695
001.
3. SHRI. S. SHANAVAS IAS, THE DIRECTOR, DIRECTORATE OF GENERAL
EDUCATION (VHSE), HOUSING BOARD BUILDING, THIRUVANANTHAPURAM, PIN
- 695 001.
BY GOVERNMENT PLEADER
This Contempt of court case (civil) having come up for orders on
03.07.2024, the court on the same day passed the following:
P.T.O.
DR. A.K.JAYASANKARAN NAMBIAR
&
MOHAMMED NIAS C.P., JJ.
-------------------------------
Con.Case (C). No.704 of 2024
-------------------------------
Dated this the 3rd day of July, 2024
ORDER
Dr. A.K.Jayasankaran Nambiar, J.
I.A.1 of 2024:
Heard Allowed.
Annexures A7 and A8 documents are accepted as additional
documents in the Contempt of Court Case.
It is stated by the learned Government Pleader that in view of the
dismissal of the SLP on 13.03.2023, preferred against the judgment
dated 21.10.2022 in OP(KAT).No.180 of 2016 of this Court, it has become
obligatory on the part of the Government to grant the benefits due to the
respondents in the OP(KAT). He submits however that the total amount to
be disbursed to the petitioners in accordance with the directions in the
judgment aforementioned is Rs.26,27,30,748/-. The learned Government
Pleader cites the paucity of funds with the Government as a reason for
the delay in making payments.
2. We have heard the learned counsel for the petitioners and the
learned Government Pleader for the respondents.
3. On a consideration of the rival submissions and taking note of
the fact that the judgment dated 21.10.2022 has attained finality
through the dismissal of the SLP, the respondents have necessarily to
make the payments due to the petitioners. Balancing the financial
predicament of the Government, with the need to ensure that the
respondents in the OP(KAT) get the benefit of the judgment aforesaid,
we direct the Government to discharge its liability to the respondents in
a staggered manner in three bimonthly installments. Accordingly, the
first tranche of payment shall be made on or before 03.08.2024, and the
second and third tranche of payments shall be made on 03.10.2024 and
03.12.2024, respectively.
Post on 05.08.2024.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
mns
03-07-2024 /True Copy/ Assistant Registrar
