In a contempt proceeding for non-compliance with the order in W.P.(C) No. 18374/2012, the court found that partial compliance regarding pay fixation and partial arrears had been effected and disposed of the matter.
The contempt petition was disposed of without any order for compliance given to be made with by the respondents.
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 P.R.RAMACHANDRA MENON
MONDAY ,THE 03RD DAY OF SEPTEMBER 2018 / 12TH BHADRA, 1940
Con.Case(C).No. 1507 of 2013 IN WP(C). 18374/2012
AGAINST THE JUDGMENT IN WPC 18374/2012 DT. 30.10.2012
PETITIONERS:
4 B.VIJAYASENAN, EXGS-159465-M, OVERSEER, RESIDING AT PREETHIS, AKAMKUDY P.O., NAGIARKULANGARA, ALAPPUZHA-690 513.
BY ADVS. SRI. R. RAJASEKHARAN PILLAI, SMT. SABINA JAYAN
RESPONDENTS:
1 LT.GEN.A.T.PATNAIK DIRECTOR GENERAL BOPRDER ROADS SEMA SADAK BHAWAN, RING ROAD DELHI CANTT, NEW DELHI 110 010
SRI.N.NAGARESH ASSISTANT SOLICITOR GENERAL
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 03.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No. 1507 of 2013 IN WP(C). 18374/2012
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JUDGEMENT
This Contempt matter arises from the verdict dated
30.10.2012 in W.P.(C) No. 18374 of 2012. The grievance projected by the petitioners before this Court was that they wanted to have fixation of pay scale at Rs.5000 - 8000 w.e.f.01.01.1996 and thereafter to put in the pay band of PBII of Rs. 8700 - 34800 with grade pay of Rs.4200/-, to compute the pension accordingly and to disburse the arrears at the earliest.
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Con.Case(C).No. 1507 of 2013 IN WP(C). 18374/2012
writ petition was disposed of directing the respodnents to refix the scale of pay accordingly and disburse the arrears. Non compliance of the said direction is the subject matter of the contempt of court proceedings filed in the year 2013.
the basis of the instructions received that full compliance has been effected, in so far as fixation in the pay scale of Rs. 5000 - 8000 has been effected w.e.f. 01.01.1996 and
arrears have been paid w.e.f. 01.01.2006 in uniformity with the course pursued by the Government/Department in the case of other similarly situated persons. It is a fact that the petitioners are the persons who sought to approach this Court only in the year 2012, seeking for similar benefit as given to other persons who were pursuing the litigation for quite long.
Con.Case(C).No. 1507 of 2013 IN WP(C). 18374/2012
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Sd/-
P.R.RAMACHANDRA MENON
Judge
kmd
/True copy/
P.A. To Judge
G. Surendran Pillai and others
Lt. Gen. A.T. Patnaik and another
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
