The Court dismissed a contempt petition filed by a petitioner challenging salary deductions as a violation of an interim order, holding that the deductions were due to the non-inclusion of unauthorized provisional increments, not recovery of excess amounts, and thus the interim order was not violated.
The Contempt Case is closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943 CON.CASE(C) NO. 2105 OF 2021
AGAINST THE ORDER IN WP(C) 25844/2021 OF HIGH COURT OF KERALA PETITIONER:
1 C.C.BEENA AGED 57 YEARS W/O.THOMAS, TOKEN NO.380 OFFICER, STEEL AND INDUSTRIAL FORGINGS LTD., ATHANI P.O, THRISSUR-680581, RESIDING AT KAITHATHARA HOUSE, DIVYA MARIA, KRISHNA NAGAR, 4TH STREET, KOLAZHY P.O., THRISSUR-680010.
BY ADV T.P.DEYANANTHAN
RESPONDENT:
1 PULLANIKAT SURESH AGED 55 YEARS S/O.KRISHNANUNNI, WORKING AS MANAGING DIRECTOR, THE STEEL AND INDUSTRIAL FORGINGS LTD., ATHANI P.O., THRISSUR-680581.
BY ADVS. SRI. AJI VARGHESE T.G, SC MARIAM MATHAI
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 2105 OF 2021
2
JUDGMENT
Dated this the 15th day of February, 2022
The petitioner was granted 4 additional increments by Ext.P13 in W.P.(C.) No.25844/2021 with effect from 01.09.2012, subject to the approval by the Government. It seems that thereafter the Government by Ext.R(b) communication dated 11.08.2020 refused to accord sanction for the additional increments. Consequently, Ext.R(a) dated 03.11.2021 was issued to the petitioner informing her
that she has to refund the excess amount of Rs.2,88,271/- received as additional increments consequent to the claimed anomalies in pay revision. Contempt petitioner approached this Court by filing the above writ petition challenging Ext.R(b) as well as Ext.R(a). This court by an interim order dated 19.11.2021 in the writ petition directed that the recovery proceedings pursuant to Ext.P18 will stand deferred till the next posting date.
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the respondent continued to deduct the salary, violating the orders of this Court, the petitioner has filed the present contempt petition. Answering the above allegation, the learned Counsel for the respondent specifically invited my attention to the last paragraph of Ext.R(a) which shows that the above communication has two parts. The first sentence in the third paragraph refers to the refund of excess amount of Rs.2,88,271/- by the petitioner. By the next sentence, she was informed that her next salary will not include the 4 provisional increments which was actually declined to be sanctioned by the Government by Ext.R(b). This Court, by interim order only interdicted the recovery of the excess amount of Rs.2,88,271/-. Ext.R(a) communication which corresponds to Ext.P18 in the writ petition was not stayed. The learned Counsel clarified that the reduction in salary now alleged by the petitioner is the non inclusion of 4 provisional increments as
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referred to in Ext.R(a) in the salary.
salary. Hence, I find that there is no violation of
interim order granted by this Court and the Contempt Case cannot survive.
Accordingly, the Contempt Case is closed. However, it is made clear that this Court has not expressed any opinion regarding the legality and correctness of either Ext.R(a) or Ext.R(b), which are the subject matter of the writ petition.
Sd/-
SUNIL THOMAS
JUDGE
SKP/15-2
CON.CASE(C) NO. 2105 OF 2021
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APPENDIX OF CON.CASE(C) 2105/2021
PETITIONER'S ANNEXURES:
ANNEXURE A1 THE CERTIFIED COPY OF THE INTERIM ORDER DATED 19.11.2021 IN W.P(C)NO.25844/21. ANNEXURE A2 THE TRUE COPY OF THE PAY SLIP FOR THE MONTH OF OCTOBER, 2021. ANNEXURE A3 THE TRUE COPY OF THE PAY SLIP FOR THE MONTH OF NOVEMBER, 2021. ANNEXURE A4 TRUE COPY OF THE PAY SLIP FOR THE MONTH OF DECEMBER 2021 DEDUCTING FROM THE SALARY.
RESPONDENT'S EXHIBITS:
EXHIBIT R(A) TRUE COPY OF THE LETTER NO.SIFL:HRD:01380/21 DATED 03.11.2021 ISSUED BY THE RESPONDENT WHICH IS PRODUCED AS EXHIBIT P18 IN THE WRIT PETITION.
EXHIBIT R(B) TRUE COPY OF THE LETTER ISSUED BY THE GOVERNMENT NO.D2/62/2016/IND DATED 11.8.2020 WHICH WAS PRODUCED AS EXHIBIT P15 IN THE WRIT PETITION.
TRUE COPY
P.A.TO JUDGE
2 issues framed by the court
Whether the reduction in salary due to non-inclusion of provisional increments violated the interim order.
Whether the contempt case can survive in light of the explanation regarding the respondent's communication.
1 C.C.BEENA
PULLANIKAT SURESH
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
