In a contempt petition arising from non-compliance of a 2020 judgment granting benefits, the Court closed the proceedings after the University and Government complied with directions regarding reckoning prior military service for promotions and pay revisions.
Contempt petition closed; rules of contempt discharged.
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 MR. JUSTICE AMIT RAWAL MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944 CON.CASE(C) NO. 522 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(C) 37050/2016 OF HIGH COURT OF KERALA
PETITIONER/S:
1 VIJAYAN NAIR S. AGED 63 YEARS S/O.SIVASANKARA PILLAI, ASSISTANT SECURITY OFFICER (RETIRED), UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, RESIDING AT SHEELA BHAVAN, KOLIYAKKODE, KOLIYAKKODE P.O., THIRUVANANTHAPURAM - 695 607.
| 2 | MOHANAN M. AGED 63 YEARS S/O.MITHHUNJAYAN, HIGHER GRADE SECURITY GUARD (RETIRED), UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, RESIDING AT MYLAMOODU, PUTHENVEEDU, MADATHIKONAM, VEERANAKAVU P.O., THIRUVANANTHAPURAM - 695 572. |
|---|---|
| 3 | RETNARAJ R. AGED 63 YEARS S/O.RAJAYYAN NADAR, HIGHER GRADE SECURITY GUARD (RETIRED), UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, RESIDING AT VARUTHAITHOTTAM VEEDU, THOZHUKKAL, NEYYATTINKARA P.O., THIRUVANANTHAPURAM - 695 121. |
| 4 | PADMA KUMAR V. AGED 63 YEARS S/O.VELAYUDHAN NAIR, HIGHER GRADE SECURITY GUARD (RETIRED), UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, RESIDING AT SREEDEVI MANDIRAM, KARIPPUR, MALAYINKIL P.O., THIRUVANANTHAPURAM - 695 571. |
| 5 | RAMACHANDRAN D. AGED 63 YEARS D/O.DAMODHARAN NADAR P., HIGHER GRADE SECURITY GUARD (RETIRED), UNIVERSITY OF KERALA,A THIRUVANANTHAPURAM,A RESIDING AT K.V.M.HOUSE, KUTTANINNATHIL, THIRUPURAM, THIRUVANANTHAPURAM - 695 133. |
| 6 | MOHANA KUMAR D. AGED 63 YEARS S/O.DASAN NADAR, SECURITY GUARD (RETIRED), UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, RESIDING AT CHRIST NIWAS, MANKUTTAM, THIRUPURAM, THIRUVANANTHAPURAM - 695 133. |
| 7 | RAJASEKHARAN NAIR N. AGED 63 YEARS S/O.NARAYANA PILLAI, SECURITY GUARD (RETIRED), UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, RESIDING AT KUNJU VEEDU, ANAYARA P.O., THIRUVANANTHAPURAM - 695 029. |
| 8 | BALACHANDRAN P.NAIR AGED 63 YEARS S/O.PADMANABHA MENON, SECURITY GUARD (RETIRED), UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, RESIDING AT SREEPADAM, V.P.NAGAR, PEYAD P.O., THIRUVANANTHAPURAM - 695 573. |
CON.CASE(C) NO. 522 OF 2022
2
9 BABU JOHN AGED 63 YEARS S/O.JOHN T.J., SECURITY GUARD (RETIRED), UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, RESIDING AT ADAKKATHU NITHIN VILLA, ERAMATHOOR, MANNAR, ALAPPUZHA, PIN - 689 622.
BY ADV MILLU DANDAPANI
RESPONDENT/S:
1 SRI. V.P. JOY, IAS (AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONERS) CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2 DR.ANIL KUMAR (AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONERS) REGISTRAR UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM, PIN - 695 034.
3 DR.MAHADEVAN PILLAI (AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONERS), THE VICE CHANCELLOR, UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM - 695 034.
BY ADV Thomas Abraham
OTHER PRESENT:
GP SRI JIMMY GEORGE
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 522 OF 2022
3
JUDGMENT
This Court had vide judgment dated 4.12.2020 allowed the writ petition by granting benefits. In view of the non compliance of the same, the contempt petition has been filed. However during the pendency of the writ petition, Government vide order dated 26.3.2022 after examining the order has complied with the directions by extending the benefit of reckoning prior War/Military Service of University Employees for their first Time Bound Higher Grade Promotion in 2014 and 2019 Pay Revision also. The aforementioned order has also been implemented by the Syndicate of the University in view of the order dated 30.4.2022. Both orders have been placed on record and taken on record as Exts. X1 and X2. In this view of the matter, the contempt petition is ordered to be closed. Rules stand discharged.
Sd/-
sab
AMIT RAWAL
JUDGE
CON.CASE(C) NO. 522 OF 2022
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APPENDIX OF CON.CASE(C) 522/2022
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE JUDGMENT OF HON'LE HIGH COURT OF KERALA DATED 04/12/2020 IN WP(C) 37050 OF 2016. Annexure A2 TRUE COPY OF THE ACKNOWLEDGMENT OF ANNEX. A1 JUDGMENT BY THE 2ND RESPONDENT DATED 08/02/2021. Annexure A3 TRUE COPY OF THE ORDER DATED 26/10/2021 ISSUED FROM THE 1ST RESPONDENT'S OFFICE.
Ext.X1: No.Ad.AV 6959/2002, Order dated 30.4.2022 submitted by GP Ext.X1: G.O (P) No.36/2022/12/Fin order dated 26.3.2022 submitted by G.P
Colour shows how this judgement treated each authority
WP(C) 37050/2016 High Court of KeralaReferred¶23
Vijayan Nair and Others
V.P. Joy
Anil Kumar
Mahadevan Pillai
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
