Varghese Tomas vs R.N. Singh
2024 Latest Caselaw 29529 Ker

Kerala High Court

Varghese Tomas vs R.N. Singh on 17 October, 2024

Author: Amit Rawal

Bench: Amit Rawal

CON.CASE(C) NO. 2560 OF 2024               1

                                                   2024:KER:77396
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                  &

              THE HONOURABLE MR. JUSTICE EASWARAN S.

   THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                   CON.CASE(C) NO. 2560 OF 2024



        AGAINST THE JUDGMENT IN OP (CAT) NO.95 OF 2024 OF HIGH

COURT OF KERALA

PETITIONER(S):

            VARGHESE TOMAS
            AGED 60 YEARS
            S/O. N.K. THOMAS, CREW CONTROLLER, KOLLAM, PREVIOUSLY
            LOCO PILOT (PASSENGER -I), SOUTHERN RAILWAY,
            THIRUVANANTHAPURAM, RESIDING AT NELLUMUTTILVILAYIL,
            KATTANAM, ALAPPUZHA, KERALA, PIN - 690503


            BY ADV M.S.UNNIKRISHNAN NAIR
RESPONDENT(S):
     1     R.N. SINGH
           AGED AND FATHER'S NAME NOT KNOWN TO THE PETITIONER
           GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN,
           CHENNAI, PIN - 600003

    2       DR. MANISH THAPLYAL
            AGED AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
            DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY,
            THIRUVANANTHAPURAM, PIN - 695014

    3       LIPIN RAJ M.P
            AGED AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
            SENIOR DIVISIONAL PERSONNEL OFFICER, OFFICE OF THE
            DRM, SOUTHERN RAILWAY, THIRUVANANTHAPURAM, PIN -
            695014
 CON.CASE(C) NO. 2560 OF 2024             2

                                                     2024:KER:77396




    4        MEERAVIJAYARAJ,
             AGED AND FATHER'S NAME NOT KNOWN TO THE PETITIONER
             SENIOR DIVISIONAL FINANCE MANAGER, OFFICE OF THE DRM,
             SOUTHERN RAILWAY, THIRUVANANTHAPURAM, PIN - 694014



OTHER PRESENT:

             sri T C KRISHNA


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY
HEARD ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 2560 OF 2024                 3

                                                           2024:KER:77396
                               JUDGMENT

Amit Rawal, J.

Contempt petition has been filed alleging recovery of the amount.

2. An affidavit has been filed along with Gratuity Bill showing

that no recovery was made after the order of this Court and before

that an amount of Rs.3,26,820/- has been withheld owing to the

pendency of the original petition. Therefore there is no contempt.

3. We have gone through the affidavit and the order and of the

view that respondents have not violated any directions in the order.

Contempt petition is ordered to be closed.

SD/-

AMIT RAWAL JUDGE

SD/-

sab                                              EASWARAN S.
                                                   JUDGE


                                                     2024:KER:77396

APPENDIX OF CON.CASE(C) 2560/2024

PETITIONER ANNEXURES

Annexure A CERTIFIED COPY OF THE JUDGMENT DATED 03.06.2024 IN OP (CAT) NO. 95 OF 2024

Annexure B TRUE COPY OF THE REPRESENTATION DATED 07.06.2024

Annexure C TRUE COPY OF THE LAWYER NOTICE DATED 19.06.2024 ADDRESSED TO RESPONDENTS I, 2, 3 & 4 IN OP (CAT) NO. 95 OF 2024

RESPONDENT ANNEXURES

Annexure R3(a) A true copy of the Gratuity Bill dated 30.05.2024 prepared by the department