Dismissed

Molly Joseph v. C.A. Santhosh

Kerala HC3 Sept 2018Con.Case(C)/703/2018

Case brief

AI extract

What is this about?

This court disposed of a contempt case arising from a petitioner's allegation of delay in payment of pensionary re-fixation benefits. The respondent explained the delay in the counter affidavit. Upon satisfaction, the court closed the contempt case, finding no reason to initiate action.

What did the court decide?

Contempt Case (Civil) No. 703 of 2018 is closed; no action initiated in the contempt case.

Molly Joseph Vs C.A. Santhosh — Contempt of Court | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

MONDAY ,THE 03RD DAY OF SEPTEMBER 2018 / 12TH BHADRA, 1940

¶5

Con.Case(C).No. 703 of 2018 IN WP(C). 13910/2016

¶6

AGAINST THE ORDER/JUDGMENT IN WPC 13910/2016 of HIGH COURT OF KERALA DATED 17-03-2017

¶7

PETITIONER/S:

¶8

MOLLY JOSEPH AGED 67 YEARS W/O.P.T.ABRAHAM,L-114,PULLAN HOUSE,CHANGAMPUZHA NAGAR.P.O,KALAMASSERY,ERNAKULAM DISTRICT,PIN:682033.

¶9

BY ADV. SRI. C.P. SAJI

¶10

RESPONDENT/S:

¶11

C.A. SANTHOSH AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,DEPUTY DIRECTOR OF EDUCATION,CIVIL STATION,THRIKKAKKARA,ERNAKULAM,KAKKANADU,KOCHI682030.

¶12

OTHER PRESENT:

¶13

SRI. BIJOY CANDRAN - SENIOR GOVT. PLEADER

¶14

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

Con.Case(C).No. 703 of 2018 IN WP(C). 13910/2016

¶16

-2-

¶17

J U D G M E N T

¶18

Contempt case was filed alleging delay on the part of the respondent in making the payment. While directing payment of the pensionary benefits of the petitioner on re-fixation, it was directed that the payment shall be made within a period of three months and in the event of delay, the petitioner will be entitled to interest at the rate of 6% per annum on the arrears, for the period from 01.09.2014.

¶19

Respondent has filed a counter affidavit producing Annexure-1 stating that the Headmaster had submitted the proposal for re-fixation along with service book only on 24.07.2017 and expeditious action was taken thereupon and the payment was made without any further delay, even though there were certain defects even thereafter. It is stated that respondents had taken timely action on receipt of required documents, pension proposal, service book etc., from the petitioner through the Headmaster and the DEO. The respondent has stated that all the necessary documents were received from the Headmaster only in the last week of July, 2017 and the respondent completed all works and forwarded the papers to the Accountant General for follow up action.

¶20

Con.Case(C).No. 703 of 2018 IN WP(C). 13910/2016

¶21

-3-

¶22

Learned counsel for the petitioner submitted that the first instalment was received in January, 2018 and the entire payment was made in March 2018. Since the respondent has explained the delay in making payment, I do not find any reason for initiating any action in the contempt case. The Contempt Case (Civil) is closed.

¶23

Sd/- P.V.ASHA, JUDGE.

/TRUE COPY/

P.A. TO JUDGE

Con.Case(C).No. 703 of 2018 IN WP(C). 13910/2016

¶28

-4-

¶29

APPENDIX

¶30

PETITIONER'S/S' EXHIBITS:

¶31

ANNEXURE P1 CERTIFIED COPY OF THE JUDGMENT DATED 17.03.2017 IN W.P.(C) NO. 13910/2016 OF THE HON'BLE HIGH COURT OF KERALA. ANNEXURE P2 COPY OF THE LETTER OF THE PETITIONER DATED 08.04.2017 SENT TO THE RESPONDENT. ANNEXURE P3 TRUE COPY OF THE VERIFICATION REPORT DATED 07.11.2017 OF THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM. ANNEXURE P4 TRUE COPY OF THE COMMUTATION OF PAYMENT ORDER DATED 03.11.2017. ANNEXURE P5 TRUE PHOTO COPY OF THE TREASURY SAVINGS BANK PASS BOOK OF THE PETITIONER. ANNEXURE P6 TRUE PHOTO COP OF THE REGISTERED NOTICE DATED 31.01.2018 ISSUED TO THE RESPONDENT. ANNEXURE P7 TRUE PHOTO COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE RESPONDENT. ANNEXURE P8 NIL ANNEXURE P9 NIL ANNEXURE P10 NIL ANNEXURE P11 NIL ANNEXURE P12 NIL ANNEXURE P13 TRUE COPY OF THE LETTER DATED 27.9.2017 OF THE SENIOR ACCOUNTS OFFICER OF THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) KERALA SENT TO THE PRINCIPAL SECRETARY FINANCE DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM

¶32

ANNEXURE P14 TRUE COPY OF THE COMMUNICATION PAYMENT ORDERS DATED 3.11.2017 ANNEXURE P15 TRUE COPY OF THE REVISED PENSION/FAMILY PENSION PAYMENT ORDERS DATED 31.1.2018

¶33

Con.Case(C).No. 703 of 2018 IN WP(C). 13910/2016

¶34

-5-

¶35

ANNEXURE P16 TRUE COPY OF THE LETTER NO.D1/13953/14 DATED 19.3.2015 OF THE RESPONDENT TO THE HEADMASTER LITTLE FLOWER HIGH SCHOOL NARAKKAL

¶36

RESPONDENT'S/S' EXHIBITS:

¶37

ANNEXURE R1 A COPY OF THE APPLICATION/PENSION REVISION PROPOSAL DATED 24.7.2017

Molly Joseph v. C.A. Santhosh

Case brief

What is this about?

What did the court decide?

Molly Joseph v. C.A. Santhosh

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

Dr. Anupama A.G. Vs State of Kerala

Anu Jacob Vs the Plantation Corporation of Kerala Limited

J. George Vs State of Kerala

Prathapachandran.P. Vs Cochin Shipyard Ltd.

V.Padmanabhan Nampoothiri Vs Secretary, Devaswom Board

Manu Devassy Vs the Kerala Water Authority