Disposed¶38

Roy K.J v. Suman Billa I.A.S

Kerala HC25 Mar 2025Con.Case(C)/1441/2023

Case brief

AI extract

What is this about?

Civil contempt of court; compliance with earlier writ judgment directions; payment of admitted gratuity and dearness allowance Rs. 28,10,281/- in ten monthly instalments; provident fund remittance Rs. 1,07,999.66; affidavit of compliance by Managing Director, Kerala State Textile Corporation Ltd.; joint option before PF authorities; contempt petition closed; High Court of Kerala; Con.Case(C) No. 1441 of 2023; compliance of W.P.(C) No. 291 of 2023; petitioner Roy K.J; respondents Suman Billa I.A.S. and Arunachalam Sukumar; Justice D. K. Singh; decided 25.03.2025.

What did the court decide?

No coercive or punitive relief; the contempt case was closed upon the respondents' affidavit of compliance showing that the payment directions in W.P.(C) No. 291 of 2023 (gratuity, dearness allowance, provident fund and joint option) had been carried out.

Roy K.J Vs Suman Billa I.A.S — Kerala HC (2025) — LawSathi Research

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Con. Case(C) NO. 1441 OF 2023 1

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2025:KER:25615

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE D. K. SINGH

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TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947

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CON.CASE(C) NO. 1441 OF 2023

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AGAINST THE JUDGMENT DATED 21.03.2023 IN WP(C) NO.291
OF 2023 OF HIGH COURT OF KERALA

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PETITIONER/PETITIONER IN THE WRIT PETITION:

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ROY K.J
AGED 58 YEARS
S/O. K.L.JOSEPH, RESIDING AT KATTIPARAMABIL
HOUSE, WEST BAZAR, CHALAKKUDY, THRISSUR, PIN -
680307

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BY ADVS.
R.LAKSHMI NARAYAN
R.RANJANIE

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RESPONDENTS/RESPONDENTS 1 AND 2 IN THE WRIT PETITION:

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1 SUMAN BILLA I.A.S S/O. AND AGE NOT KNOWN TO THE PETITIONER, PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695001

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2 ARUNACHALAM SUKUMAR,

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S/O. SUDALAIMUTHU ARUNACHALAM, MANAGING DIRECTOR
– IN CHARGE, KERALA STATE TEXTILE CORPORATION
LTD., ANNAPOORNA, KOCHAR ROAD, SASTHAMANGALAM,
THIRUVANANTHAPURAM, PIN - 695001

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Con. Case(C) NO. 1441 OF 2023 2

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2025:KER:25615

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BY ADV.

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P.U. SHAILAJAN-SC

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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Con. Case(C) NO. 1441 OF 2023 3

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2025:KER:25615

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D. K. SINGH, J.

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Con. Case(C) No. 1441 of 2023

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Dated this the 25^th day of March, 2025

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JUDGMENT

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The present contempt petition has been filed alleging willful non-compliance and disobedience of the Judgment dated 21.03.2023 in W.P.(C) No. 291 of 2023. The operative portion of the Judgment reads as under;

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“3. Taking into consideration the financial constraints of the respondents and the entire facts and circumstances of the case, the writ petition is disposed of with the following directions:-

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The respondents shall pay the admitted amount payable to the petitioner towards Gratuity and Dearness Allowance (28,10,281/-) in ten equal monthly installments, the first of the installment shall be paid within a period of one month from today and the remaining installments in consecutive nine months thereafter. The amount to be remitted to the Provident Fund (1,07,999.66) shall be remitted within a period of three months. The respondents shall also assist the petitioner in filing joint option if required by the Provident Fund Authorities.”

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An affidavit of compliance has been filed by the 2^nd respondent,

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the Managing Director, Kerala State Textile Corporation Ltd.

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Con. Case(C) NO. 1441 OF 2023 4

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2025:KER:25615

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Paragraph No. 3 of the affidavit would read as under;

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This respondent most humbly submits that, in compliance of the judgment, a total amount of Rs. 19,10,354/- was paid to the petitioner towards the gratuity amount and a total amount of Rs. 8,99,997.20 was paid to the petitioner towards the DA arrears, in installments. Thus the total amount paid to the petitioner is Rs. 28,10,351.20. Apart from this, the PF dues is also fully paid as directed by this Hon’ble Court. The joint option for submitting before the PF authorities were also signed by this respondent. Thus the respondent has fully complied the judgment passed by this Hon’ble court in WP(c) 291/2023.

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As the respondents, as stated in paragraph No. 3 of the affidavit, have already paid all the pending dues to the petitioner as per the directions in the Judgment dated 21.03.2023 in W.P.(C) No. 291 of 2023, nothing survives in this contempt petition and hence the same is hereby closed.

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Sd/-

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D. K. SINGH JUDGE

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Svn

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Con. Case(C) NO. 1441 OF 2023 5

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2025:KER:25615

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APPENDIX OF CON.CASE(C) 1441/2023

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PETITIONER ANNEXURES

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Annexure A-1 THE CERTIFIED COPY OF THE JUDGMENT DATED
21.3.203 IN W.P.(C) NO. 291/2023

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Annexure A-2 THE TRUE COPY OF THE COVERING LETTER
DATED 28.3.2023 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
ALONG WITH THE ACKNOWLEDGEMENT,
EVIDENCING RECEIPT OF THE LETTER BY THE
2ND RESPONDENT

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RESPONDENT ANNEXURES

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Annexure R2 (A) SENIORITY LIST IN RETIREMENT FROM KSTC

Roy K.J v. Suman Billa I.A.S

Case brief

What is this about?

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Roy K.J v. Suman Billa I.A.S

Case brief

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