In this contempt case, the petitioner complained of the respondent's non-implementation of directions to grant pension benefits. The Court found an admitted delay and awarded costs.
Respondent directed to pay costs of Rs.10,000 to the petitioner within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Con.Case(C).No. 866 of 2011(S) -----------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.34125/2009 Dated 27/05/2010 ....................
PETITIONER(S): --------------------------
K.NARAYANI AMMA,AGED 85 YEARS, W/O.LATE M.C.RAYARAPPAN NAMBIAR, KARANANKOOTTATH, ERUVESSY P.O., CHEMPERI (VIA), KANNUR DISTRICT. BY ADVS. SRI.V.C.JAMES, SRI.M.A.FIROZ.
RESPONDENT(S):
--------------------------SRI.R.K.SINGH, IAS, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, (FFP DIVISION), LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI - 001.
BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA, BY ADV. SRI.S.KRISHNAMOORTHY, CGC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
COC.NO.866/2011 S
APPENDIX
PETITIONER'S ANNEXURES:
ANNEX.1: COPY OF THE RECOMMENDATION OF THE STATE GOVERNMENT FORWARDED TO THE CENTRAL GOVERNMENT AS PER COMMUNICATION NO.14904/FFP/A1/2002/GAD DTD. 7/06/2003.
ANNEX.II: COPY OF JUDGMENT DTD. 27/05/2010 IN WP(C) NO.34125/2009 OF THIS HONOURABLE COURT.
ANNEX.III: COPY OF THE COVERING LETTER DTD. 7/06/2010 OF ANNEX.II JUDGMENT.
RESPONDENT'S ANNEXURES: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
S. SIRI JAGAN, J.
- - - - - - - - - - - - - - - - - - - - - - - Con. Case (C) No.866 of 2011
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of September, 2011
J U D G M E N T
The petitioner complains of non-compliance with the directions in Annexure II judgment. In Annexure II judgment, I directed the respondent herein to consider the recommendation of the State Government and to pass appropriate orders under the Swathanthratha Sainik Samman Pension Scheme, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of the judgment. The counsel for the petitioner submits that an order has been served on the counsel for the petitioner today only. Therefore, admittedly there is delay in complying with the directions in the judgment. For driving the petitioner to file this Contempt Case, to get a judgment of this Court implemented, the respondent has to pay costs to the petitioner. Accordingly, while closing the Contempt of Court Case, I direct the
Con. Case (C) No.866 of 2011 -2-
respondent to pay costs of Rs.10,000/- (Rupees ten thousand only) to the petitioner within three weeks. The said costs shall not be debited to the exchequer and the same shall be out of the pocket of the respondent personally and if he does not pay the same within three weeks, the same shall be recovered from his salary and paid to the petitioner within another month.
S. SIRI JAGAN JUDGE
shg/
2 issues framed by the court
Whether the respondent failed to comply with the directions given in the judgment dated 27/05/2010 regarding the Swathanthratha Sainik Samman Pension Scheme.
Whether costs should be awarded to the petitioner due to non-compliance.
K.NARAYANI AMMA
SRI.R.K.SINGH
S.SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
