Disposed

Meera Gopinath v. Rajeshkumar Singh I.A.S (Age and Father’S Name Not Known to the Petitioners), Secretary to Govern

Kerala HC18 Jul 2022Con.Case(C)/1234/2022

Case brief

AI extract

What is this about?

In a contempt proceedings arising from non-compliance of orders in a pension matter. Respondents submitted that sanction was issued for disbursing delayed death cum gratuity with interest. Court directed immediate disbursement within three weeks, with liberty to file contempt application for further delay.

What did the court decide?

Directed respondents to disburse full delayed death cum gratuity amount with interest to the petitioner within three weeks.

Meera Gopinath Vs Rajeshkumar Singh I.A.S… — Pension and Retirement Benefits | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

¶5

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶6

MONDAY, THE 18^TH DAY OF JULY 2022 / 27TH ASHADHA, 1944

¶7

CON.CASE(C) NO. 1234 OF 2022

¶8

JUDGMENT IN OP(KAT) 51/2017 OF HIGH COURT OF KERALA

¶9

PETITIONERS/PETITIONER AND 5TH RESPONDENT IN OP(KAT):

¶10

1 MEERA GOPINATH, AGED 47 YEARS, D/O. LATE K.K.GOPINATHAN, 'DWARAKA' EDAPPALLY P.O., KOCHI, PIN - 682024

¶11

2 M.RADHAMONY, AGED 76 YEARS, W/O. LATE K.K.GOPINATHAN, 'DWARAKA' EDAPPALLY P.O., KOCHI, PIN - 682024

¶12

BY ADV D.KISHORE

¶13

RESPONDENTS/RESPONDENTS 1-4 IN THE OP(KAT):

¶14

1 RAJESHKUMAR SINGH I.A.S (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS), SECRETARY TO GOVERNMENT OF KERALA, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANHAPURAM, PIN - 695001

¶15

2 INPA SEKHAR (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS) INSPECTOR GENERAL OF REGISTRATION, KERALA, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035

¶16

3 EBY GEORGE (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS)DISTRICT REGISTRAR GENERAL, KPCC JUNCTION, OPP. MAHARAJA'S GROUND, SHENOYS, KOCHI, PIN - 682011

¶17

CON.CASE(C) NO. 1234 OF 2022

¶18

4 JAFAR MALIK IAS(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS) DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU, ERNAKULAM, PIN – 682030

¶19

BY SRI.BIMAL K. NATH, SENIOR GOVERNMENT PLEADER

¶20

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 18.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

CON.CASE(C) NO. 1234 OF 2022

¶22

..1..

¶23

ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.

¶24

Cont. Case (C) No. 1234 of 2022

¶25

[ arising out of the impugned judgment dated 14.01.2022 in OP(KAT) No.51/2017 ]

¶26

Dated this the 18^th day of July, 2022

¶27

JUDGMENT

¶28

ALEXANDER THOMAS, J.

¶29

The above contempt of court case has been filed in the matter of non-compliance of the orders and directions passed by this Court as per Annexure I judgment dated 14.01.2022 rendered by the Division Bench of this Court in OP(KAT) No.51/2017 [arising out of the final order dated 21.11.2016 in TA No.283/2013 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram Bench].

¶30

Today, when the matter was taken up for consideration, Sri.Bimal K. Nath, learned Senior Government Pleader, would submit, on the basis of instructions, that the competent authority of the State Government in the Taxes Department [the 1^st respondent in the OP(KAT)/the 1^st respondent in the CO(C)] has

¶31

CON.CASE(C) NO. 1234 OF 2022

¶32

..2..

¶33

now issued proceedings vide GO(Rt) No.545/2022/TAXES dated 14.07.2022, according sanction to the Inspector General of Registration for disbursing the full DCRG amount to the widow of deceased pensioner, late Gopinath, along with penal interest for the delayed payment of DCRG @ 7% from 31.07.2005 (three years from the date of retirement of the pensioner on 31.07.2002) till the actual disbursement of the amount and that substantial compliance has been effected and that the Inspector General of Registration and the other competent officers concerned will take necessary steps to ensure that the full DCRG amount along with interest thereon will be released to the widow of the deceased pensioner, viz., the 2^nd petitioner herein, without any further delay.

¶34

Accordingly, it is ordered that the competent authority among respondents 2 to 4, more particularly, respondents 2 & 3 will ensure that the full amount of DCRG along with interest thereon as above shall be immediately disbursed to the widow of the deceased pensioner, viz., the 2^nd petitioner herein, within three weeks from the date of receipt of a copy of this judgment. If there is any further undue delay on the part of the respondents to disburse the said amounts as above, the petitioners will be at liberty to file

¶35

CON.CASE(C) NO. 1234 OF 2022

¶36

..3..

¶37

an application to reopen this contempt proceedings.

¶38

With these observations and directions, the above contempt

¶39

of court case will stand disposed of.

Sd/-

ALEXANDER THOMAS

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

¶45

bka/-

¶46

CON.CASE(C) NO. 1234 OF 2022

¶47

APPENDIX OF CON.CASE(C) 1234/2022

¶48

PETITIONER ANNEXURES

¶49

Annexure I TRUE COPY OF THE JUDGMENT DATED 14.1.2022 IN O.P.(KAT) 51/2017 OF THIS HONOURABLE COURT Annexure -II TRUE COPY OF THE LETTER DATED 18.2.2022 ISSUED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT Annexure -II(a) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT DATED 21.2.2022 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT EVIDENCING THE ACCEPTANCE OF ANNEXURE-I JUDGMENT Annexure- II(b) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT DATED 21.2.2022 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT EVIDENCING THE ACCEPTANCE OF ANNEXURE-I JUDGMENT Annexure-II(c) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT DATED 23.2.2022 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT EVIDENCING THE ACCEPTANCE OF ANNEXURE-I JUDGMENT Annexure -II(d) TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT DATED 19.2.2022 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT EVIDENCING THE ACCEPTANCE OF ANNEXURE-I JUDGMENT

Meera Gopinath v. Rajeshkumar Singh I.A.S (Age and Father’S Name Not Known to the Petitioners), Secretary to Govern

Case brief

What is this about?

What did the court decide?

Meera Gopinath v. Rajeshkumar Singh I.A.S (Age and Father’S Name Not Known to the Petitioners), Secretary to Govern

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

N.I.Benny, Vs the Joint Registrar of Co-Operative Societies (General)

Laisamma Sasi Vs the Joint Registrar of Co-Operative Societies (General)

Prof . K.I. Antony Vs Shibili Sahib

C.v.Sunny Vs Sandeep.M

S. Shanmukha Sundaram Pillai Vs the Meenachil Rubber Marketing and Processing Co-Operative Soceity Ltd. No.K 118

Saji Vs the Station House Officer