Disposed

Benny Thomas v. a.Hemachandran IPS

Kerala HC15 Jan 2020Con.Case(C)/2002/2017

Case brief

AI extract

What is this about?

The High Court of Kerala, in a consolidated order handling five pending contempt cases, closed the proceedings and granted liberty to petitioners to approach the court afresh once the outcome of Special Leave Petitions filed in the Supreme Court becomes available, relying on a stay order from the apex court.

What did the court decide?

Contempt petitions closed; liberty granted to move afresh upon the outcome of Supreme Court appeals.

Benny Thomas Vs a.Hemachandran IPS — Constitutional and Fundamental Rights | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶6

WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941

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Con.Case(C).No.506 OF 2016(S) IN WP(C). 21981/2015

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(JUDGMENT IN WPC 21981/2015 OF HIGH COURT OF KERALA DT.22.7.15)

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PETITIONERS/WRIT PETITIONERS:

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1 M/MOHAMMED MUSTHAFA, AGED 56 YEARS S/O.MUTHU RAWHTER, DRIVER GRADE II (RETD.) KSRTC, PALAKKAD AND RESIDING AT MADEENA MANZIL, 35/209, PALAYAM, THIRUNALAI P.O., PALAKKAD 678 004.

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2 GOPALAKRISHNAN.D, AGED 56 YEARS S/O.K.DAMODARAN, DRIVER GRADE II (RETD.) KSRTC, VADAKKANCHERY AND RESIDING AT PUZHAKKAL VEEDU, MOZHIPURAM, THIRUNALAI P.O., PALAKKAD 678 004.

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BY ADV. SRI.N.UNNIKRISHNAN

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RESPONDENT/RESPONDENT 2 IN WPC:

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ANTONY CHACKO, S/O.M.A.CHACKO, RESIDING AT ETTUKKETTIL HOUSE, CHATHANAD P.O., ALAPPUZHA DISTRICT AND WORKING AS CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695 023.

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SRI.M.GOPIKRISHNAN NAMBIAR, SC FOR RESPONDENT

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2020, ALONG WITH Con.Case(C).1776/2016(S), Con.Case(C).655/2016(S), Con.Case(C).2002/2017(S), Con.Case(C).507/2017(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C)Nos.506/2016, 1776/2016, 655/2016, 2002/2017 & 507/2017

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: 2 :

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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.S.MANIKUMAR

¶22

¶23

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941

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Con.Case(C).No.1776 OF 2016 IN WP(C). 11550/2010

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JUDGMENT IN WPC 11550/2010 DATED 02-06-2015 OF HIGH COURT OF KERALA

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PETITIONER:

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P SASIDHARA KURUP AGED 68 YEARS, S/O. GOPALA KURUP, (RETIRED MECHANIC, KSRTC), RESIDING AT CHOORILETH HOUSE, PANNIVIZHA, ANANDAPALLY P.O., ADOOR, PATHANAMTHITTA DISTRICT-691525.

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BY ADV. SRI.MANU RAMACHANDRAN

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RESPONDENT/RESPONDENT:

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M.G RAJAMANIKYAM MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM.

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SRI.M.GOPIKRISHNAN NAMBIAR, SC FOR RESPONDENT

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2020, ALONG WITH Con.Case(C).506/2016(S), Con.Case(C).655/2016(S), Con.Case(C).2002/2017(S), Con.Case(C).507/2017(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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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.S.MANIKUMAR

¶37

¶38

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941

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Con.Case(C).No.655 OF 2016 IN WP(C). 8539/2015

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(JUDGMENT IN WPC 8539/2015 DATED 18-03-2015 OF HIGH COURT OF KERALA

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PETITIONERS/WRIT PETITIONERS 6 & 7:

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1 G.SUDHAKARAN NAIR, S/O. GANGADHARAN PILLAI, AGED 59 YEARS, CONDUCTOR GRADE-II (RETD), KSRTC, VIKAS BHAVAN DEPOT, THIRUVANANTHAPURAM, RESIDING AT SREEGANGA NILAYAM, KODOOR, VENCODE, VENCODE P.O,THIRUVANANTHAPURAM-695 028.

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2 P.M. MOHANAN, S/O.K. PADMANABHAN,AGED 58 YEARS, CONDUCTOR GRADE-II (RETD) KSRTC, VELLANADU DEPOT AND RESIDING AT BHAGAVATHY VILASAM PUTHEN VEEDU, KULAKKODE VELLANADU P.O. THIRUVANANTHAPURAM-695 543.

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BY ADV. SRI.N.UNNIKRISHNAN

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RESPONDENT/RESPONDENT IN THE WPC:

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SHRI ANTONY CHACKO

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S/O.M.A. CHACKO, AGED 53 YEARS, RESIDING AT ETTUKETTIL HOUSE, CHATHANAD P.O., ALAPPUZHA DISTRICT AND WORKING AS CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023

¶49

SRI.M.GOPIKRISHNAN NAMBIAR, SC FOR RESPONDENT

¶50

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2020, ALONG WITH Con.Case(C).1776/2016(S), Con.Case(C).506/2016(S), Con.Case(C).2002/2017(S), Con.Case(C).507/2017(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶52

PRESENT

¶53

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶54

¶55

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶56

WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941

¶57

Con.Case(C).No.2002 OF 2017 IN WP(C). 14438/2014

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(JUDGMENT IN WPC 14438/2014 DATED 07-04-2015 OF HIGH COURT OF KERALA)

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PETITIONERS/PETITIONERS 1, 4 AND 6 IN WPC:

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1 BENNY THOMAS, AGED 56, S/O. THOMAS, DRIVER (RTD), K.S.R.T.C, ERATTUPETTA, R/O. PUTHUR HOUSE, CHENAD P.O. KOTTAYAM-686 581.

¶61

2 K. R. RADHAKRISHNAN NAIR AGED 57, S/O. RAJASHEKARAN NAIR, DRIVER (RTD), K.S.R.T.C, ERATTUPETTA, R/O. KANDATHIL HOUSE, ANTHINADU P.O., PALA.

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3 V. LATHEEF, AGED 55, S/O. JABBAR, DRIVER, K. S. R. T. C., PONKUNNAM, R/O. NELLIMALAPUTHUPARAMPIL HOUSE, ANAKKALLU P.O., KANJARAPLLY-686 508.

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BY ADVS. SRI.VIJU ABRAHAM SRI.ALBERT V.JOHN SRI.T.P.BABY SMT.ROSHNI MANUEL

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RESPONDENT/1ST RESPONDENT IN WPC:

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A.HEMACHANDRAN IPS AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONERS, MANAGING DIRECTOR - K. S. R. T. C., THIRUVANANTHAPURAM-695 023.

¶66

SRI.T.P.SAJAN, SC FOR RESPONDENT

¶67

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2020, ALONG WITH Con.Case(C).1776/2016(S), Con.Case(C).506/2016(S), Con.Case(C).655/2016(S), Con.Case(C).507/2017(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶68

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶69

PRESENT

¶70

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶71

¶72

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶73

WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941

¶74

Con.Case(C).No.507 OF 2017 IN WP(C). 27937/2015

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(JUDGMENT IN WPC 27937/2015 DATED 16-09-2015 OF HIGH COURT OF KERALA)

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PETITIONER:

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D.DEVARAJAN, AGED 57 YEARS S/O DAMODARAN, VISHNU NIVAS, KUTTIKKADU LANE, PAPPANAMKODE P.O,THIRUVANANTHAPURAM

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BY ADVS. SRI.D.SAJEEV SMT.LIGEY ANTONY

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RESPONDENTS/RESPONDENTS:

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1 M.G.RAJAMANICKAM, AGED ABOUT 50 YEARS, CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 001

¶81

2 K.M.SREEKUMAR AGED ABOUT 50 YEARS,SON OF NOY KNOWN TO THE PETITIONER, EXECUTIVE DIRECTOR (ADMINISTRATION), THE KERALA ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 001

¶82

SRI.T.P.SAJAN, SC FOR RESPONDENT

¶83

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2020, ALONG WITH Con.Case(C).1776/2016(S), Con.Case(C).506/2016(S), Con.Case(C).655/2016(S), Con.Case(C).2002/2017(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C)Nos.506/2016, 1776/2016, 655/2016, 2002/2017 & 507/2017

¶85

: 6 :

¶86

JUDGMENT

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[ Con.Case(C).506/2016, Con.Case(C).1776/2016,

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Con.Case(C).655/2016, Con.Case(C).2002/2017,

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Con.Case(C).507/2017 ]

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Dated this the 15th day of January 2020

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S.MANIKUMAR, C.J.

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Earlier when these contempt petitions were moved, submissions have been

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made on behalf of the respondents that Special Leave Petition is preferred against the common judgment of the Larger Bench before the Supreme Court and that orders are awaited.

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Learned Standing Counsel appearing for the respondent submitted that

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the Honourable Supreme Court has granted stay of further proceedings in

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contempt cases filed before the High Court of Kerala, which reads as under:

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“SUPREME COURT OF INDIA

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RECORD OF PROCEEDINGS

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Petition(s) for Special Leave to Appeal (C) No(s).252 25276/2015

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KERALA STATE ROAD TRANSPORT CORPORATION Petitioner(s)

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¶102

M.RAJAGOPALAN NAIR & OTHERS Respondent(s)

: 7 :

ORDER

The learned counsel appearing for the workmen submit that essentially, the issue is with regard to counting of the service prior to regularisation for making them eligible to draw minimum pension.

¶107

It is also submitted that the case pertains to only very few workman. It is further submitted that the Corporation had, in fact, implemented the pension scheme upto 2009. Some of the individual interveners have different grievances on facts.

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We direct the petitioners to:-

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(i) file a statement as to what will be the financial implication in case the impugned judgment is implemented.

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(ii) to consider the case of two workmen, who are exservicemen, for counting their service prior to regularisation since they have been recruited through DSS & A Board.

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An affidavit in the above terms shall be filed by the petitioner within three weeks from today.

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List on 4.12.2018 on top of the list.

¶113

IA No. 13519/2018, IA No.135204/2018, IA No. 135236/2018, IA No. 135232/2018, IA No.135226/2018

¶114

As an interim measure, it is directed that there shall be stay of further proceedings in the contempt case(s) filed before the High Court of Kerala at Ernakulam.”

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: 8 :

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Having taken note of the orders of the Supreme Court, these contempt

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petitions are closed granting liberty to the petitioners to move afresh depending

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upon the outcome of the appeals filed in the Supreme Court.

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SD/- S.MANIKUMAR CHIEF JUSTICE

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SD/- SHAJI P. CHALY JUDGE

¶122

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Benny Thomas v. a.Hemachandran IPS

Case brief

What is this about?

What did the court decide?

Benny Thomas v. a.Hemachandran IPS

Case brief

What is this about?

What did the court decide?

What the court decided

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