This contempt of court case was heard on 6.9.2016. The court declared it closed based on the submission that the operative portion of the underlying writ judgment was stayed. No substantive order was recorded.
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 SMT. JUSTICE P.V.ASHA
TUESDAY, THE 6TH DAY OF SEPTEMBER 2016/15TH BHADRA, 1938
Con.Case(C).No. 66 of 2016 (S)
JUDGMENT IN WP(C) 24735/2013 DATED 05-06-2015.
PETITIONER(S)/PETITIONERS:
1. BIJUKUMAR S., AGED 50 YEARS, S/O.SIVADASAN PILLAI, DEVANANDANAM, KALPPADA, MARUTHOOR VIA, KALLAYAM P.O., THIRUVANANTHAPURAM DISTRICT - 695 304. (DISCHARGED HAV/OPERATOR RADIO AND LINES ASSAM RIFLES).
2. UNNIKRISHNAN K.V., AGED 50 YEARS, S/O.VISWAMBHARAN, KULIKANNA PARAMBIL HOUSE, AROOR P.O., CHERTHALA, ALAPPUZHA DISTRICT, KERALA. (DISCHARGED HAV/OPERATOR RADIO AND LINES FROM ASSAM RIFLES).
3. HARIKRISHNAN K.G., AGED 49 YEARS, S/O.GOPALAKRISHNAN NAIR, HARINIVAS, IMALI EAST, OMALLOOR,
PATHANAMTHITTA DISTRICT, KERALA. (DISCHARGED HAV/OPERATOR RADIO AND LINES FROM ASSAM RIFLES)
4. VASANT KUMAR P., AGED 49 YEARS, S/O.MADHAVAN NAIR, KOMENTHODUKAYIL HOUSE, KARIGHAMANNA, THAMARASSERY P.O., KOZHIKODE DISTRICT, KERALA. (DISCHARGES HAV/OPERATOR RADIO AND LINES FROM ASSAM RIFLES)
5. AJITH KUMAR C., AGED 50 YEARS, S/O.CHELLAPPAN ACHARI, LAKSHMI BHAVAN, KARITHAKKAM, BEACH P.O., THIRUVANANTHAPURAM DISTRICT, KERALA (DISCHARGED HAV/OPERATOR RADIO AND LINES FROM ASSAM RIFLES).
BY ADV. SRI.P.P.BIJU
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Con.Case(C).No. 66 of 2016 (S)
RESPONDENT/2ND RESPONDENT:
LT.GEN H.J.SACHDEV, AGED ABOUT 45 YEARS, (NAME OF THE FATHER NOT KNOWN TO THE PETITIONERS) AVSM, SM, THE DIRECTOR GENERAL ASSAM RIFLES, MAHANIDESHALAYA, (THE DIRECTORATE GENERAL OF ASSAM RIFLES), SHILLONG, MEGHALAYA, PIN - 793 011.
BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 06-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Con.Case(C).No. 66 of 2016 (S)
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE I: CERTIFIED COPY OF THE JUDGMENT DATED 5.6.2015 IN WP(C)NO.24735/2013 OF THIS COURT.
ANNEXURE II: TRUE COPY OF THE CONTEMPT NOTICE DATED 30.12.2015.
ANNEXURE III: TRUE COPY OF JUDGMENT DATED 5.6.2015 IN WP(C)NO.24735/2013 AND ORDER DATED 2.6.2016 IN IA.NO.6135/2016 IN WP(C)NO.24735/2013.
RESPONDENTS' ANNEXURES:
ANNEXURE R1(A): TRUE COPY OF THE ADMINISTRATIVE ORDER DATED 31.12.2015 ISSUED BY DIRECTORATE GENERAL ASSAM RIFLES. ANNEXURE R1(B): TRUE COPY OF THE ORDER DATED 3.2.2016 EXPLAINING REASONS FOR NON ELIGIBILITY FOR MONETARY BENEFITS OF THE PETITIONERS. ANNEXURE R1(C): TRUE COPY OF THE ORDER NO.1.19012/01/311/PROM-ORL (COURT CASE)/ADM-1/2016/953 DATED 3.2.2016. ANNEXURE IN COUNTER AFFIDAVIT
ANNEXURE R1(A): TRUE COPY OF THE OM DATED 22.1.1998 ISSUED BY THE MINISTRY OF HOME AFFAIR, GOVERNMENT OF INDIA.
ANNEXURE R1(B): TRUE COPY OF THE PAY FIXATION STATEMENT DATED 10.10.1997 OF THE CONTEMPT PETITIONERS.
//TRUE COPY//
P.S. TO JUDGE
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P.V.ASHA J.
---------------------------------------------Cont. Case (Civil) No.66 of 2016
----------------------------------------------- Dated this the 6th day of September, 2016
J U D G M E N T
Learned counsel on both sides submit that the operative portion of the judgment is stayed in the writ petition. Hence, this Contempt Case (Civil) is closed.
Sd/-
P.V.ASHA, JUDGE.
AS
Bijukumar S.
Unnikrishnan K.V.
Hari Krishnan K.G.
Vasant Kumar P.
Ajith Kumar C.
Lt. Gen H.J. Sachdev
P.V. Asha
As recorded by the court registry
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