Single-day order closing multiple contempt petitions against a High Court judgment on pension rights pending outcomes of Supreme Court appeals and a current stay.
Contempt petitions closed; liberty granted to move afresh on appeal outcomes.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941
Con.Case(C).No.506 OF 2016(S) IN WP(C). 21981/2015
(JUDGMENT IN WPC 21981/2015 OF HIGH COURT OF KERALA DT.22.7.15)
PETITIONERS/WRIT PETITIONERS:
BY ADV. SRI.N.UNNIKRISHNAN
RESPONDENT/RESPONDENT 2 IN WPC:
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.
SRI.M.GOPIKRISHNAN NAMBIAR, SC FOR RESPONDENT
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:
Con.Case(C)Nos.506/2016, 1776/2016, 655/2016, 2002/2017 & 507/2017
: 2 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941
Con.Case(C).No.1776 OF 2016 IN WP(C). 11550/2010
JUDGMENT IN WPC 11550/2010 DATED 02-06-2015 OF HIGH COURT OF KERALA
PETITIONER:
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.
BY ADV. SRI.MANU RAMACHANDRAN
RESPONDENT/RESPONDENT:
M.G RAJAMANIKYAM MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM.
SRI.M.GOPIKRISHNAN NAMBIAR, SC FOR RESPONDENT
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:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941
Con.Case(C).No.655 OF 2016 IN WP(C). 8539/2015
(JUDGMENT IN WPC 8539/2015 DATED 18-03-2015 OF HIGH COURT OF KERALA
PETITIONERS/WRIT PETITIONERS 6 & 7:
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.
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.
BY ADV. SRI.N.UNNIKRISHNAN
RESPONDENT/RESPONDENT IN THE WPC:
SHRI ANTONY CHACKO
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
SRI.M.GOPIKRISHNAN NAMBIAR, SC FOR RESPONDENT
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:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941
Con.Case(C).No.2002 OF 2017 IN WP(C). 14438/2014
(JUDGMENT IN WPC 14438/2014 DATED 07-04-2015 OF HIGH COURT OF KERALA)
PETITIONERS/PETITIONERS 1, 4 AND 6 IN WPC:
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.
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.
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.
BY ADVS. SRI.VIJU ABRAHAM SRI.ALBERT V.JOHN SRI.T.P.BABY SMT.ROSHNI MANUEL
RESPONDENT/1ST RESPONDENT IN WPC:
A.HEMACHANDRAN IPS AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONERS, MANAGING DIRECTOR - K. S. R. T. C., THIRUVANANTHAPURAM-695 023.
SRI.T.P.SAJAN, SC FOR RESPONDENT
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:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941
Con.Case(C).No.507 OF 2017 IN WP(C). 27937/2015
(JUDGMENT IN WPC 27937/2015 DATED 16-09-2015 OF HIGH COURT OF KERALA)
PETITIONER:
D.DEVARAJAN, AGED 57 YEARS S/O DAMODARAN, VISHNU NIVAS, KUTTIKKADU LANE, PAPPANAMKODE P.O,THIRUVANANTHAPURAM
BY ADVS. SRI.D.SAJEEV SMT.LIGEY ANTONY
RESPONDENTS/RESPONDENTS:
1 M.G.RAJAMANICKAM, AGED ABOUT 50 YEARS, CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 001
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
SRI.T.P.SAJAN, SC FOR RESPONDENT
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:
Con.Case(C)Nos.506/2016, 1776/2016, 655/2016, 2002/2017 & 507/2017
: 6 :
JUDGMENT
[ Con.Case(C).506/2016, Con.Case(C).1776/2016,
Con.Case(C).655/2016, Con.Case(C).2002/2017,
Con.Case(C).507/2017 ]
Dated this the 15th day of January 2020
S.MANIKUMAR, C.J.
Earlier when these contempt petitions were moved, submissions have been
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.
the Honourable Supreme Court has granted stay of further proceedings in
contempt cases filed before the High Court of Kerala, which reads as under:
“SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).252 25276/2015
KERALA STATE ROAD TRANSPORT CORPORATION Petitioner(s)
v
M.RAJAGOPALAN NAIR & OTHERS Respondent(s)
Con.Case(C)Nos.506/2016, 1776/2016, 655/2016, 2002/2017 & 507/2017
: 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.
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.
We direct the petitioners to:-
(i) file a statement as to what will be the financial implication in case the impugned judgment is implemented.
(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.
An affidavit in the above terms shall be filed by the petitioner within three weeks from today.
List on 4.12.2018 on top of the list.
IA No. 13519/2018, IA No.135204/2018, IA No. 135236/2018, IA No. 135232/2018, IA No.135226/2018
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.”
Con.Case(C)Nos.506/2016, 1776/2016, 655/2016, 2002/2017 & 507/2017
: 8 :
Having taken note of the orders of the Supreme Court, these contempt
petitions are closed granting liberty to the petitioners to move afresh depending
upon the outcome of the appeals filed in the Supreme Court.
SD/- S.MANIKUMAR CHIEF JUSTICE
SD/- SHAJI P. CHALY JUDGE
jes
1 issue framed by the court
Whether contempt proceedings in special leave petitions against High Court judgments regarding pension rights can proceed while a stay order is in force from the Supreme Court.
Colour shows how this judgement treated each authority
Kerala State Road Transport Corporation v. M. Rajagopalan Nair & OthersFollowed¶96
Crl. WP (C) No. 25276/2015
Mohammed Mustafa & Ors.
Antony Chacko
Kerala State Road Transport Corporation
M.G Rajamanikyan
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
