Dismissed

M.L.Radhabai v. K.S.Ramesan Nair

Kerala HC18 Mar 2013Con.Case(C)/1912/2012

Case brief

AI extract

What is this about?

This contempt petition alleged that a bank committed contempt by failing to implement a revised pay scale despite court directions. The Court found no wilful contempt as the issue concerned general administrative compliance rather than the specific writ matter, and dropped the proceeding while reserving the petitioner's right to claim arrears.

What did the court decide?

Petitioner left free to agitate claim for arrears of salary or differential amounts via a proper legal forum.

M.L.Radhabai Vs K.S.Ramesan Nair — Writ and Judicial Review | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

MONDAY, THE 18TH DAY OF MARCH 2013/27TH PHALGUNA 1934

¶5

Con.Case(C).No. 1912 of 2012 (S)

¶6

AGAINST THE ORDER/JUDGMENT IN WP(C).10099/2012 DATED 19-07-2012.

¶7

PETITIONER/PETITIONER:

¶8

M.L. RADHABAI, W/O. VASUDEVAN POTTY, AGED 58 YEARS, PULLANJIKATTU PUTHEN MADAM, IVERKALA EAST P.O., PUTHOOR, KOLLAM DISTRICT, (RETIRED SENIOR CLERK, PANDANAD SERVICE CO-OPERATIVE BANK).

¶9

BY ADV. SRI.P.N.MOHANAN.

¶10

RESPONDENTS/RESPONDENTS 1 AND 4:

¶11

1. K.S. RAMESAN NAIR, S/O. SANKARA PILLAI, AGED 48 YEARS, RESIDING AT KOCHUPANGAD HOUSE, KIZHUVANVAZHI, PANDANAD P.O., ALAPPUZHA, NOW WORKING AS SECRETARY, PANDANAD SERVICE CO. OP. BANK.

¶12

2. C.M. MOHAMMED FAISY, S/O. MEERANNAM, AGED 54, RESIDING AT THIRUVANANTHAPURAM, ADDITIONAL REGISTRAR/SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, P.B.NO. 85, KALA NIVAS, T.C.27/156, 157, CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM-1.

¶13

R1 BY ADV. SRI.P.C.SASIDHARAN. R2 BY ADV. SRI.K.R.SUNIL,SC.

¶14

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 18-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

rs.

¶16

Con.Case(C).No. 1912 of 2012 (S)

¶17

APPENDIX

¶18

PETITIONER'S ANNEXURES:-

¶19

ANNEXURE A1 COPY OF THE JUDGMENT DATED 19/07/2012 IN W.P.(C)NO. 10099/2012.

¶20

PETITIONER'S ANNEXURES:-

¶21

ANNEXURE R1A COPY OF THE PAY IN SLIP.

//TRUE COPY//

P.A. TO JUDGE

rs.

A.M.SHAFFIQUE, J

*** * * * * * * * * * * * *** Cont.Case (C) No.1912 of 2012

¶27

---------------------------------------Dated this the 18^th day of March 2013

¶28

J U D G M E N T

¶29

The petitioner has filed this contempt case alleging that the revision of pay scale was not implemented by the bank which had come into effect from 01/04/2009. The petitioner retired from service on 30/11/2011. Therefore, if the scale of pay is revised in accordance with the directions issued, there will be arrears of salary and consequential revision in other amounts payable as well. Therefore, according to the petitioner, by not revising the scale of pay, the respondent has committed contempt.

¶30

In fact, it is the definite case of the respondent that the pay scale has not been revised in respect of all the employees with effect from 01/04/2009 despite the directions issued. That is not the subject matter of the writ petition and therefore it is not a wilful contempt.

¶31

C.O.C.No.1912/2012

¶32

¶33

I am satisfied that there is no wilful contempt committed by the respondent and therefore this contempt case is dropped. However the disposal of this contempt case will not preclude the petitioner from agitating a claim for arrears of salary or differential amounts payable on account of not implementing the revised pay scales.

¶34

(sd/-)

¶35

(A.M.SHAFFIQUE, JUDGE)

¶36

jsr

¶37

C.O.C.No.1912/2012 3

¶38

C.O.C.No.1912/2012 4

M.L.Radhabai v. K.S.Ramesan Nair

Case brief

What is this about?

What did the court decide?

M.L.Radhabai v. K.S.Ramesan Nair

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

J. Jayan Vs State of Kerala

Shameer .S. Vs State of Kerala and Others

Emgi Krishnan Vs Believers Church English Medium School

Kamalasanan P.S Vs Pathanamthitta District Co-Operative Bank

Bibin Babu Vs Aligarh Muslim University

Josekutty Alex Vs the Muhamma Grama Panchayath