Petitioner sought contempt proceedings for non-compliance with a direction to consider his ex-gratia request on humanitarian grounds. The court held it could not compel the Government to grant ex-gratia on humanitarian grounds when the Government had rejected the request on legal grounds, and closed the contempt case.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946 CON.CASE(C) NO. 948 OF 2024
AGAINST THE JUDGMENT DATED 03.11.2023 IN OP(KAT) NO.486 OF 2023 OF
HIGH COURT OF KERALA
PETITIONER/PETITIONER IN OP(KAT):
HIRAN K. K. AGED 69 YEARS S/O. KUNHITTAMAN, MEDICAL OFFICER (AYURVEDAM) RETD, KOZHIPARAMBIL, P. O. KAIPPAMANGALAM BEACH, THRISSUR DISTRICT, PIN - 680681 BY ADVS. PAUL ABRAHAM VAKKANAL ABRAHAM VAKKANAL (SR.) VINEETHA SUSAN THOMAS
RESPONDENT/1ST RESPONDENT IN OP(KAT):
SHRI. RABINDRA KUMAR AGARWAL I.A.S. (AGE AND FATHER'S NAME NOT KNOWN TO PETITIONER) PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, STATUTE, THIRUVANANTHAPURAM., PIN – 695001 BY SRI.VINITHA B, SR.GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
COC No.948 of 2024
2
J U D G M E N T
A.Muhamed Mustaque, J .
In the matter, we had disposed the original petition with a direction to the Government to consider the petitioner's request for ex-gratia payment only on humanitarian ground.
This contempt case is, accordingly, closed.
Sd/A.MUHAMED MUSTAQUE JUDGE
Sd/SHOBA ANNAMMA EAPEN JUDGE
rkj
COC No.948 of 2024
3
APPENDIX OF CON.CASE(C) 948/2024
PETITIONER ANNEXURES
| Annexure A1 | CERTIFIED COP NO. 486 OF 2 HON'BLE HIGH |
Y O 023 COUR |
F JUDGMENT IN O.P.(KAT) DATED 3-11-2023 OF THE T. |
|---|---|---|---|
| Annexure A2 | TRUE COPY OF 2023, WITHOUT |
THE ITS |
HEARING NOTE DT. 16-11- ENCLOSURES. |
| Annexure A2(a) | TRUE COPY OF 11-2023, WITH |
THE OUT |
COVERING LETTER DT. 16- ITS ENCLOSURES. |
| Annexure A3 | TRUE COPY OF | G. | O.(RT) NO. 1692/2024/FIN |
| DT. 23-2-2024 | WHI | CH IS COMMUNICATED ALONG | |
| WITH COVERIN | G | LETTER NO. 477154/PEN- | |
| B2/55/2017-FI OFFICE OF 1ST |
N RES |
DT.24-2-2024 FROM THE PONDENT. |
1 issue framed by the court
Whether the Government's rejection of the petitioner's request for ex-gratia payment on legal grounds violated the earlier direction to consider it on humanitarian grounds.
Hiran K. K.
Rabindra Kumar Agarwal
A.Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
