In this contempt case arising from a 2014 writ petition regarding pension quantification, the court held that since the writ did not cover quantum, the dispute would remain open. The court closed the contempt case recording compliance without adjudicating the amount.
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
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 4TH DAY OF APRIL 2018 / 14TH CHAITHRA, 1940
Con.Case(C).No. 636 of 2014
AGAINST THE JUDGMENT IN WP(C) 4182/2010 of THIS HON'BLE COURT, DATED 07-03-2014
PETITIONER(S)/PETITIONER
G.PREMKUMAR, S/O.J.B.GEORGE, AGED 60 YEARS,RETD.ASSISTANT EXECUTIVE ENGINEER,K.S.E.B., PEARL LODGE (NOW AT THAHA LODGE), VELLAYANI MUKKU, NEMOM P.O., THIRUVANANTHAPURAM-20.
BY ADV.SRI.JOHN JOSEPH(ROY)
RESPONDENT(S)/RESPONDENT:
M.SHAHUL HAMEED,S/O.NOT KNOWN,AGED 54 YEARS, PRESENT SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM-695004.
BY ADVS. SRI.K.S.ANIL, SC SMT.ANEETHA A.G., SC SRI.PULIKOOL ABUBACKER, SC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 04-04-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
Con.Case(C).No. 636 of 2014
APPENDIX
PETITIONER(S)'ANNEXURES
ANNEXURE A1 TRUE COPY OF THE JUDGEMNT IN WPC.NO.4182/2010 DATED 07.3.2014. ANNEXURE A2 TRUE COPY OF THE ORDER DATED 22.4.2014 ISSUED BY THE KSEB TO COMPLY WITH THE JUDGMENT. ANNEXURE A3 LETTER DATED 06.05.2014 FIXING THE DATE OF HEARING ON 26.5.2014 BY THE LEGAL OFFICER. ANNEXURE IV TRUE COPY OF THE NOTE SUBMITTED BY THE DEPUTY CHIEF ENGINEER, (HRM) DATED 2.6.2014 BEFORE THE LA & DEO. ANNEXURE V TRUE COPY OF THE NOTE SUBMITTED BY THE DEPUTY CHIEF ENGINEER,(HRM) DATED 2.05.2014 BEFORE THE LA& DEO. ANNEXURE VI TRUE COPY OF THE ORDER BOD(F)NO.2570/2016 DATED 3.9.2016 OF THE SECRETARY ADMINISTRATION LA & DEO.
RESPONDENT(S)'ANNEXURES
ANNEXURE R1(A):- TRUE COPY OF THE JUDGMENT IN WA.NO.841/2014 DATED 02.7.2014. ANNEXURE R1(B);- TRUE COPY OF THE B.O. DATED 20.02.2014. ANNEXURE R1(C):- TRUE COPY OF THE B.O.DATED 26.6.2014. ANNEXURE R1(D):- TRUE COPY OF THE PROCEEDINGS DATED 28.6.2014. ANNEXURE R1(E):- TRUE COPY OF THE LETTER DATED 01.7.2014. ANNEXURE R1(F):- TRUE COPY OF THE ORDER DATED 08.01.2003.
/TRUE COPY/
PS TO JUDGE
TS 20.04.2018
A. MUHAMED MUSTAQUE, J.
Contempt Case (C) No.636 of 2014
Dated this the 4th day of April, 2018
J U D G M E N T
This Contempt Case is arising from the judgment of this Court dated 07.03.2014 in W.P.(C) No.4182 of 2010. The matter is pending before this Court since 2014. By various orders, the petitioner was given certain monetary benefits. The present dispute is only regarding quantification.
Since the issue regarding quantification was not the subject matter of the writ petition, this Court is of the view that leaving open the dispute as to the quantum of the amount due to the petitioner after retirement, this contempt case can be closed recording compliance.
Accordingly, this Contempt Case is closed.
Sd/-
A. MUHAMED MUSTAQUE JUDGE
smp
G.PREMKUMAR
M.SHAHUL HAMEED
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
