Kerala High Court
Salimma Joseph vs Biju Prabhakar Ias on 5 June, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
CON.CASE(C) NO. 1386 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN WA NO.1004 OF 2021 OF HIGH
COURT OF KERALA
PETITIONER/1ST RESPONDENT IN THE W.A.:
1 SALIMMA JOSEPH, AGED 70 YEARS
W/O JOSEPH THOMAS (LATE),
THURUTHIPALLIL HOUSE,
PUTHUSSERY SOUTH P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689602
BY ADVS.
NAVEEN.T
CHITHRA CHANDRASEKHARAN
V.S.ABHISHEK
BIJI A MANIKOTH
SHIBU JOSEPH KOTTAYIL
RESPONDENTS/1ST APPELLANT IN THE W.A.:
1 BIJU PRABHAKAR IAS,
(FATHER'S NAME & AGE: NOT KNOWN TO THE PETITIONER),
MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT,
THIRUVANANTHAPURAM, PIN - 695023
ADDL.R2 SRI. P.S.PRAMOJ SHANKAR,
(FATHERS NAME AND AGE NOT KNOWN TO THE PETITIONER),
PRESENT MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 023.
- IS IMPLEADED AS PER ORDER DATED 27.03.2024 IN IA
1/24 IN COC.
BY STANDING COUNSEL ADV.DEEPU THANKAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Con.Case (C) No.1386 of 2023
in 2
W.A. No.1004 of 2021
ANIL K. NARENDRAN & VIJU ABRAHAM, JJ.
.................................................................
Con.Case (C) No.1386 of 2023
in
W.A. No.1004 of 2021
.................................................................
Dated this the 5th day of June, 2024
JUDGMENT
Viju Abraham, J.
The above contempt of court case is filed alleging non-compliance
of the directions contained in Annexure-A2 judgment of this Court. This
Court as per Annexure-A2 judgment disposed of the writ appeal as
follows:
"32. Consequently, we uphold the decision of the learned Single Judge in
interfering with the adverse condition in Ext.P3 in the matter of exclusion
of the LWA period. It is also ordered that the abovesaid eligibility period
from 25.11.1993 to 11.01.1997 shall be reckoned by the KSRTC for the
purpose of the pensionable service of the deceased employee. The
pensionary benefits by way of pension and DCRG should be revised
accordingly. However, the arrears of DCRG and pension, payable to the
deceased employee need be paid only for the period from 27.07.2012
upto 19.01.2014 (the date of death of the employee). The arrears of the
revised family pension shall be paid to the writ petitioner, who is the
widow of the deceased employee for the period from 20.01.2014
onwards. Arrears of such revised benefits as above, shall be computed,
reckoned and granted to the writ petitioner/R1 in the writ appeal without
much delay, preferably within a time limit of 3 months from the date of
receipt of a certified copy of this judgment. The directions and orders of
the learned Single Judge as per the impugned judgment rendered on
22.09.2020 in the instant W.P.(C) No.25459/2015 will stand modified and
substituted as above."
2. An affidavit has been filed by the respondent stating that W.P.(C)
No.25459 of 2015 was disposed of as per judgment dated 16.11.2021
directing the Corporation to reckon the period of LWA in question for the
purpose of pensionable service of the deceased employee and with a
consequential direction that the arrears shall be computed, reckoned
and granted to the petitioner within a period of three months. Aggrieved
by the same, the Corporation has filed W.A.No.1004 of 2021 which was
disposed of as per Annexure-A2 judgment. Against which S.L.P.
No.27047 of 2023 was filed before the Apex Court which was disposed
of directing the Corporation to comply with the judgment of the this Court
within a period of two weeks. In compliance of the said direction the
KSRTC has revised the pension of the late husband of the petitioner
who retired on 30.09.2004. The pension has been revised to Rs.2,628/-
along with DR with effect from 01.10.2004 and DCRG was revised to
Rs.1,05,438. As per authorisation No.PA13/031774/2004 dated
28.06.2008, DCRG amounting to Rs.93,071/- was paid. The balance
DCRG amount of Rs.12,367/- was sanctioned and paid to the petitioner
later on 08.08.2023. It is also stated that the arrear amount of pension
was released to the petitioner as per transaction dated 08.08.2023.
Annexure-R1(A) dated 01.08.2023 is the order passed in compliance
with the directions in the judgment and Annexure-R1(B) is the receipt
evidencing payment of the arrears to the petitioner. It is further stated in
the affidavit in respect of the family pension that as there was no change
in the last pay drawn by the deceased employee there is no change in
the family pension.
In view of the compliance of the directions contained in Annexure-
A2 judgment as stated above, we close the above contempt of court
case, leaving open the right of the petitioner to challenge Annexure-
R1(A) order, if the petitioner is aggrieved by the same.
Sd/-
ANIL K. NARENDRAN
JUDGE
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF CON.CASE(C) 1386/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE JUDGMENT DATED 22-9-
2020 IN W.P.(C) NO. 25459 OF 2015 OF
THE LEARNED SINGLE JUDGE OF THIS
HONOURABLE COURT.
Annexure A2 CERTIFIED COPY OF THE JUDGMENT DATED
16-11-2021 IN WRIT APPEAL NO. 1004 OF
2021 OF THE DIVISION BENCH OF THIS
HONOURABLE COURT.
RESPONDENT ANNEXURES
Annexure R-1(b) A true copy of the receipt of payment
of arrears dated 08/08/2023 made to the
petitioner
Annexure R-1(a) A true copy of the order dated
01/08/2023 passed in compliance of the
directions of this Hon'ble Court
