Disposed

Johnson P.John v. Mr. D.Manivannan

Kerala HC6 Oct 2016Con.Case(C)/809/2016

Case brief

AI extract

What is this about?

This contempt case against Kendriya Vidyalaya Sangathan officials was closed. The Chief Justice observed that the complainant's pension arrears had been calculated up to 31.08.2016 and deposited in the bank, satisfying the court despite the petitioner's grievance regarding subsequent interest calculation.

What did the court decide?

Contempt case closed; no further orders issued. Proceedings terminated upon satisfaction that dues were deposited.

Johnson P.John Vs Mr. D.Manivannan — Bail and Remand | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR & THE HONOURABLE MR. JUSTICE SATHISH NINAN

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THURSDAY, THE 6TH DAY OF OCTOBER 2016/14TH ASWINA, 1938

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Con.Case(C).No. 809 of 2016 (S) IN OP (CAT).69/2015 -----------------------------------------------------

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AGAINST THE JUDGMENT IN OP (CAT) 69/2015 of HIGH COURT OF KERALA DATED 16-10-2015

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PETITIONER(S):

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JOHNSON P.JOHN AGED;54 YEARS, S/O (LATE) SHRI. KOSHY YOHANNAN, (EX) PGT-PHYSICS, GOSPEL MOUNT, KAKANNI, DHONI PO, PALAKKAD, KERALA STATE-678009

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BY SRI JOHNSON P.JOHN(PARTY IN PERSON)

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RESPONDENT(S):

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1. MR. D.MANIVANNAN (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) DY. COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, REGIONAL OFFICE, SECUNDERABAD, TELANGANA STATE-500009

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2. MR. SANTHOSH KUMAR MALL AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) DY. COMMISSIONER, KENDRIYA VIDYALAYA SANGTHAN, 18,INSUTITUTIONAL AREA, S J SINGH MARG, NEW DELHI- 110016

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3. MRS. RAMA DEVI AGED AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) PRINCIPAL, KV NO. 1, UPPAL, HYDERABAD, TELANGANA STATE-500039 4. MR. S.M. SALEEM AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) (EX) DY. COMMISSIONER, C/O K V S (R.O) SECUNDERABAD, TELANGANA STATE-500009 PRESENTLY WOKING AS DY. COMMISSIONER, KENDRIYA VIDYALAYA SNAGATHAN, (REGIONAL OFFICE), IIT CAMPUS, CHENNAI, TAMIL NADU-600036

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R1 -R 4 BY ADV. SRI.K.I.MAYANKUTTY MATHER, SC, KENDRIYA VIDYALAYA SANGATHAN ADV.SRI.V.V.ASHOKAN (SENIOR) SENIOR GOVT. PLEADER SRI.V.TEKCHAND

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 06-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.O.(C).No. 809 of 20156

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1	CERTIFIED COPY OF THE JUDGMENT DATED 16.10.2015 IN OP(CAT) 69/2015.
ANNEXURE A2	TRUE COPY OF THE REPRESENTATION DATED 18.10.2015 ADDRESSED TO THE 1ST RESPONDENT.
ANNEXURE A3	CERTIFIED COPY OF THE ORDER DATED 07.12.2015 IN RP 1144/2015.
ANNEXURE A4	TRUE COPY OF THE 2ND REMINDER LETTER DATED 18.12.2015 ADDRESSED TO THE 1ST RESPONDENT.
ANNEXURE A5	TRUE COPY OF LETTER BEARING FILE NO.F.13-GEN/KVS- HR/2013-14/A&A/4001-4006.
ANNEXURE A6	TRUE COPY OF GPF ANNUAL STATEMENT FOR 2012-2013 IN RESPECT OF A/C NO.78382.
ANNEXURE A7	TRUE COPY OF LETTER WITH REF. NO.F.PF(JPJ)PGT (Phys)/KV1UPPAL/2012-13/270.
ANNEXURE A8	TRUE COPY OF GPF ANNUAL STATEMENT FOR 2013-14 IN RESPECT OF A/C NO.78383.
ANNEXURE A9	TRUE COPY OF LETTER BEARING NO.F.JPJ/KV1(U)/2015- 16/257.
ANNEXURE A10	TRUE COPY OF GPF ANNUAL STATEMENT FOR 2014-15 IN RESPECT OF A/C NO.78382.
ANNEXURE A11	TRUE COPY OF PAGES 1,5,6&7 OF THE ADDITIONAL AFFIDAVIT FILED BY THE DY.COMMISSIONER ON BEHALF OF KVS RESPONDENTS THEREIN IN CP(C) 23/2013 IN O.A 457/2011 WITHOUT ANNEXURES.
ANNEXURE A12	TRUE COPY OF OFFICER ORDER BEARING FILE NO.F.13- GEN/KVS-HR/2016-17/A&A/5546.
ANNEXURE A13	TRUE COPY OF LETTER BY REGISTERED POST ADDRESSED TO THE 3RD RESPONDENT.
ANNEXURE A14	TRUE COPY OF LETTER BY REGISTERED POST ADDRESSED TO THE 1ST RESPONDENT.

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RESPONDENT(S)' ANNEXURES

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ANNEXURE A	TRUE COPY OF THE LETTER NO.31069/12/2016-KVS(L&C) MISC.
ANNEXURE B	TRUE COPY OF THE PENSION SANCTION ORDER NO.11-24 (741)/2016-17/KVS(HR)A&A/13763-65.
ANNEXURE C	TRUE COPY OF THE COMMUTATION ORDER NO.11-24(741)/ 2016-17/KVS(HR)A&A/13764. /...2/

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C.O.(C).No. 809 of 20156

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ANNEXURE D	TRUE COPY OF THE GPF FINAL PAYMENT SANCTION ORDER NO.F.13-GEN/KVS(HR)2016-17/A&A/13756.
ANNEXURE E	TRUE COPY OF THE DEMAND DRAFT NO.142726.
ANNEXURE F	TRUE COPY OF THE FRESH STATEMENT OF INTEREST PAYMENT FOR VARIOUS SPELLS ON ACCOUNT OF FINAL GPF PAYMENT.
ANNEXURE G	TRUE COPY OF THE FRESH STATEMENT OF INTEREST CALCULATION FOR VARIOUS SPELLS ON ACCOUNT OF GRATUITY PAYMENT.
ANNEXURE H	TRUE COPY OF THE CALCULATION STATEMENT OF INTEREST FROM 01.12.2012 TO 31.08.2016.
ANNEXURE I	TRUE COPY OF THE REVISED PENSION SANCTION ORDER.
	TRUE COPY P.A TO JUDGE

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vdv

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Mohan M. Shantanagoudar, C.J. & Sathish Ninan, J

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===============================

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C.O.(C) No.809 of 2016

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========================== Dated this the 6^th day of October, 2016

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JUDGMENT

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Mohan M.Shantanagoudar, C.J.

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Heard party in person and senior counsel appearing for the first respondent.

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During the course of hearing, the complainant drew our attention to the additional affidavit filed by the first respondent on 30.09.2016. Annexure I document dated 27.09.2016, produced along with the additional affidavit, clearly reveals that the revised retirement pension of the complainant is fixed at 13,915/- plus DR(Dearness Relief) and that he is₹ entitled to the same with effect from 01.12.2012. It is made clear in the said document that the Bank is authorised to calculate interest on pension arrears payable to the pensioner for the period from 01.12.2012 to 31.08.2016 following interest rates as are applicable for GPF as specified in the very same document. Family pension is also ordered to be paid as per the sanction

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C.O.(C) No.809/2016

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order. It is also made clear in the said document that the pensioner is entitled to fixed medical allowance of 300/- per₹ month from 01.12.2012 to 18.11.2014 and thereafter at 500/-₹ per month with the condition that he is not availing any medical facility from any other source.

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The complainant is satisfied with the additional affidavit filed by the first respondent. However, his only grievance is that the interest on arrears of pension is calculated only up to 31.08.2016 and not subsequently. Such submission cannot be accepted. Matter is pending before this Court since one year. Moreover, Annexure I is dated 27.09.2016 and therefore, this Court can call on the first respondent to calculate the interest only up to 31.08.2016 i.e., the end of the previous month.

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It is further brought to the notice of this Court by the Senior Advocate appearing on behalf of the first respondent that the entire amounts due to the complainant are already deposited in the State Bank of India and the State Bank of India

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C.O.(C) No.809/2016

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generally takes one month's time to disburse the amount to the complainant as is being done in respect of other employees.

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Having regard to the aforementioned submissions,

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facts and circumstances of the case, we are satisfied that an order has already been passed by the first respondent and pursuant to such order, the entire pensionary benefits due to the complainant is deposited by the first respondent in the bank to be disbursed to the complainant. In view of the same, we do not propose to continue the contempt proceedings.

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Accordingly, this Contempt Case is closed with the

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above observations.

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Sd/-

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Mohan M.Shantanagoudar, Chief Justice.

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Sd/Sathish Ninan, Judge

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vdv/06/10/16

Johnson P.John v. Mr. D.Manivannan

Case brief

What is this about?

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Johnson P.John v. Mr. D.Manivannan

Case brief

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