Thomas T.J vs Prof. Dr. Prakash Kumar B
2024 Latest Caselaw 32811 Ker

Kerala High Court

Thomas T.J vs Prof. Dr. Prakash Kumar B on 13 November, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                              2024:KER:84806
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,

                             1946

                 CON.CASE(C) NO. 2305 OF 2023

        (FROM THE JUDGMENT OF THIS HONOURABLE COURT IN WRIT

   PETITION(CIVIL) NO.28478 OF 2018 DATED 14.07.2022)

PETITIONER/PETITIONER IN WPC:

           THOMAS T.J, AGED 69 YEARS,
           S/O. JOSEPH T.K, RESIDING AT THOPPIL HOUSE,
           VELLAPPALLY P.O, PALA - 686574.

           BY ADVS. C.JOSEPH ANTONY
           JOSEPH JOSE

RESPONDENT/1ST RESPONDENT IN WP(C):

    1      PROF. DR. PRAKASH KUMAR B
           AGE AND FATHER'S NAME NOT KNOWN TO THE
           PETITIONER, MAHATMA GANDHI UNIVERSITY,
           PRIYADARSINI HILLS P.O, ATHIRAMPUZHA,
           KOTTAYAM., PIN - 686560.

            SRI SURIN GEORGE IPE


        THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 13.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                   2024:KER:84806
CON.CASE(C) NO. 2305 OF 2023

                             -2-
                          JUDGMENT

This contempt case has been filed by the

petitioner alleging that the directions of this

Court in the judgment in W.P(C)No.28478/2018

have not yet been complied with.

2. However, Sri.Surin George Ipe - learned

counsel for the respondent, submitted that the

computation of pension of the petitioner, and

the amounts eligible to him, have been fully

completed and honoured; and therefore, that

nothing remains in this contempt case.

3. Sri.Raju Joseph, learned Senior

Counsel, instructed by Sri.Joseph Antony C. -

learned counsel for the petitioner, argued that

the computation by the respondent is incorrect

and improper; and that this has been done

deliberately because they want to circumvent the 2024:KER:84806 CON.CASE(C) NO. 2305 OF 2023

directions of this Court. The learned Senior

Counsel explained that, going by the calculation

statement placed on record by both sides, it

becomes obvious that, what has been stated to be

honoured by the University is exiguous to what

they are obligated to pay to his client; and

that this was more so because, as per the

earlier round of litigation, they were ordered

to pay interest also to his client, which has

now been denied. He thus argued that this Court

is empowered to take further steps in this case.

4. I am afraid that, even if the

assertions made by the learned Senior Counsel

for the petitioner are accurate, it would be

impossible for this Court to enter into the

merits of the computations made by the parties.

This Court is not empowered to verify the

figures or the correctness of the calculations, 2024:KER:84806 CON.CASE(C) NO. 2305 OF 2023

and this certainly will have to be done through

a proper process of law.

5. As matters now stand, the

respondent takes the stand that the eligible

amounts have been computed and paid to the

petitioner. If this is not true, then it is for

the latter to initiate and pursue appropriate

action in terms of law.

Therefore, with all liberties in law

deserved to the petitioner, including to

approach this Court appropriately in future,

this contempt case is closed, without entering

into the merits or veracity of the rival

computations placed on file by the parties.

Sd/-

DEVAN RAMACHANDRAN akv JUDGE 2024:KER:84806 CON.CASE(C) NO. 2305 OF 2023

APPENDIX OF CON.CASE(C) 2305/2023

PETITIONER ANNEXURES

ANNEXURE A A TRUE COPY OF THE JUDGEMENT IN WPC NO.

31651/2015 DATED 23.12.2015

ANNEXURE -B AT TRUE COPY OF THE ORDER PASSED BY THE RESPONDENT ON 14.06.2017,

ANNEXURE -C A TRUE COPY OF THE LETTER ISSUED BY THE JOINT DIRECTOR, LOCAL FUND AUDIT TO THE RESPONDENT DATED 21/07/2017,

ANNEXURE -D A TRUE COPY OF THE ORDER PASSED BY THE RESPONDENT DATED 31.01.2017

ANNEXURE -E A TRUE COPY OF THE ORDER DATED 25/06/2019,

ANNEXURE F CERTIFIED COPY OF THE JUDGEMENT IN WPC NO.

28478/2018 DATED 14/07/2022,

ANNEXURE -G A TRUE COPY OF THE ORDER PASSED BY THE RESPONDENT DATED 02.03.2023

ANNEXURE -H A TRUE COPY OF THE ORDER PASSED BY THE RESPONDENT DATED 28.03.2023,

ANNEXURE - I A TRUE COPY OF THE PETITION TO RECTIFY THE MISTAKE IN ANNEXURE H ORDER DATED 31.03.2023.

ANNEXURE-J A TRUE COPY OF THE ORDER PASSED BY THE UNIVERSITY BEARING NO. 3378/88/AII(2)/ADMN DATED 11.08.1992, ALONG WITH TYPED COPY OF THE SAME.

ANNEXURE -K TRUE COPY OF THE ORDER NO.6585/AD A5/2023/MGU DATED 12.06.2023 ISSUED BY THE RESPONDENT

ANNEXURE-L TRUE COPY OF THE UNIVERSITY ORDER NUMBER 5050/119/1715/AV(3)/2007/ADMN DATED 13.11.2009

ANNEXURE-M TRUE COPY OF STATEMENT OF MY PENSION ACCOUNT WITH STATE BANK OF INDIA FROM 01.04.2023 TO 2024:KER:84806 CON.CASE(C) NO. 2305 OF 2023

08.11.2023

ANNEXURE-N THE DETAILS OF THE CALCULATION OF SALARY ARREARS DUE TO THE PETITIONER, CALCULATED AT RS 4,93,771/-.

ANNEXURE-O THE DETAILS OF CALCULATION OF ARREARS OF PENSION TILL THE MONTH OF DECEMBER 2023

ANNEXURE-P A STATEMENT SHOWING THE CALCULATION OF DCRG AND COMMUTATION OF PENSION

ANNEXURE-Q TRUE COPY OF THE UNIVERSITY ORDER NUMBER 3378/3/127/95/AV(3) ADMN DATED 05.06.2002

ANNEXURE-R TRUE COPY OF THE UNIVERSITY ORDER 4557/AV-

3/2011/ADMN DATED 17.08.2011

ANNEXURE-S TRUE COPY OF THE UNIVERSITY ORDER NO.5050/119/1715/AV(3)/2007/ADMN DATED 13.11.2009

RESPONDENT ANNEXURES

ANNEXURE R 1 (A) TRUE COPY OF THE UNIVERSITY ORDER DATED 13.11.2023