Kerala High Court
Dr. T.V. Gopalan vs Prof. Jeevamma Jacob on 15 November, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Friday, the 15th day of November 2024 / 24th Karthika, 1946
CONTEMPT CASE(C) NO. 702 OF 2022(S) IN WP(C) 7893/2019
PETITIONER/PETITIONER:
DR. T.V. GOPALAN, AGED 80 YEARS, S/O LATE P.GOVINDAN NAIR,
TRICHAMBARAM HOUSE, NO. 33/5487A, K.S.E.B. SUB STATION ROAD,
CHEVAYOOR.P.O., KOZHIKODE, KERALA - 673 017.
BY ADVS.B.S.SWATHI KUMAR, ANITHA RAVINDRAN, HARISANKAR N UNNI,
SARANGADHARAN P., N.S.SHAMILA
RESPONDENTS/RESPONDENTS 2 AND 3:
1. PROF. JEEVAMMA JACOB,REGISTRAR, NATIONAL INSTITUTE OF TECHNOLOGY,
CALICUT (FORMERLY REGIONAL ENGINEERING COLLEGE, CALICUT), NIT
CAMPUS.P.O., KOZHIKODE., PIN - 673601
2. DR. PRASAD KRISHNA,DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY,
CALICUT NIT CAMPUS.P.O., KOZHIKODE, PIN - 673601
ADDITIONAL R3 IMPLEADED
3. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF
PERSONNEL, PUBLIC GRIEVANCES & PENSION, DEPARTMENT OF PENSION AND
PENSIONERS WELFARE, 3RD FLOOR, LOK NAYAK BHAVAN, KHAN MARKET, NEW
DELHI - 110 003.
ADDL.R3 IS IMPLEADED AS PER ORDER DATED 06/09/2024 IN IA 1/2024 IN
COC 702/2022.
BY SRI.SHYAM PADMAN, STANDING COUNSEL FOR R1 & R2
DEPUTY SOLICITOR GENERAL OF INDIA IN-CHARGE
This Contempt of court case (civil) having come up for orders on
15.11.2024, the court on the same day passed the following:
P.T.O.
AMIT RAWAL, J.
=================
Con.Case No.702 of 2022
=====================
Dated this the 15th day of November, 2024
ORDER
The order of this court is purported to have been complied in
view of the submissions of the counsel representing the
respondent. Order dated 7.11.2024 is ordered to be taken on
record. It is evident that the petitioner has been accorded the
pension against column No.6 of the order but against column 7,
ie., Pension limit at NITC, it has been restricted from CPRI
employer which has no role to play in view of the Rule 44 of the
CSS Pension Rules of 2021. It was also taken note of by this
Court in the judgment dated 4.3.2024 in W.A No.463 of 2023
preferred by the respondent, wherein they are agreed to pay the
pension. The judgment dated 4.3.2024 reads thus:
It is submitted by the learned counsel appearing for the
appellant that the appellant has taken a decision that
the pension due to the 4th respondent shall be released
in terms of Exts.P8, P10 and Rule 44 of the CCS Pension
Rules, 2021. It is submitted that further steps have now
been taken by the 2nd respondent in the matter. 2. The
learned counsel appearing for the 1st respondent also
does not object to this course of action. In the above
view of the matter, this appeal is disposed of recording
the submission made by the learned counsel for the
appellant that the appellant has no objection to the
pension due to the 4th respondent being released in
terms of Exts.P8, P10 and Rule 44 of the CCS Pension
Rules, 2021. The 2nd respondent shall take necessary
further action, in accordance with law.
When this Court was about to summon the Registrar for the
purpose of framing the charge and show cause notice, the
learned counsel for DSGI in charge seeks time to rectify the
aforementioned mistake by apprising the employer and come
out with a fresh order. Post on 13.12.2024. It is made clear
that in case the order is not rectified, on or before the
adjourned date, the present Registrar of the National Institute
of Technology, Calicut, NIT Campus, Kozhikode, who is stated to
have signed the order dated 7.11.2024 is directed to be present
in court.
Sd/-
sab AMIT RAWAL, JUDGE
sa/131219sassssabs10.
15-11-2024 /True Copy/ Assistant Registrar
