CON.CASE(C) NO. 244 OF 2025 1 2025:KER:29824 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 CON.CASE(C) NO. 244 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 04.01.2024 IN WP(C) NO.41660 OF 2023 OF HIGH COURT OF KERALA PETITIONER/PETITIONER IN WPC : BAIJU BYBON KURIAKOSE AGED 67 YEARS S/O C.K KURIAKOSE, CHUNDANGAL HOUSE, BNRA 79 NEAR ST. GEORGE BASILICA, ANGAMALY P.O, ERNAKULAM, –, PIN - 683572 BY ADVS. V.V.NANDAGOPAL NAMBIAR PREEJA. P.VIJAYAN SMITHA (EZHUPUNNA) PAVAN ROSE JOHNSON VANDANA BHAT T.V. RESPONDENT/2ND RESPONDENT IN WPC: SRI. NAJEEB AGED 59 YEARS S/O KHALID CM, RESIDING AT ALANAPARAMBIL (H), KARIPPAYI ROAD, THRIKKAKARA NORTH(PART), ERNAKULAM, – MANAGING DIRECTOR, KERALA STATE BAMBOO CORPORATION LTD ANGAMALY, PIN - 683104 BY ADV LATHA ANAND THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CON.CASE(C) NO. 244 OF 2025 2 2025:KER:29824 JUDGMENT The present Contempt Case has been filed for wilful disobedience or non-compliance of the judgment dated 04.01.2024 passed in W.P.(C.) No.41660/2023. The Judgment dated 04.01.2024 reads as under: The petitioner has retired from the service of the 2nd respondent establishment on 31.01.2016. The grievance of the petitioner is that, there is delay in disbursing the retirement benefits including gratuity. Inspite of repeated demands and request, the 2nd respondent is not disbursing the eligible retirement benefits as evident from Ext.P1. Hence, this writ petition filed. 2. The learned counsel for the petitioner submits that, the petitioner is entitled to an amount of Rs.8,30,982 as gratuity, out of which an amount of Rs.7,32,522/- is paid to the petitioner. An amount of Rs.98,460/- as gratuity and an amount of Rs.62,767/- towards terminal leave surrender, totally Rs. 1,61,227/- is due to the petitioner. An amount of Rs 7083/- is also due as special advance which has been withheld for the year 2015-16. 3. The learned standing counsel for the 2nd respondent submits that, it is due to the financial constraints of the respondent that the amount is not disbursed. He also submitted that the amount due to the petitioner would be disbursed upon getting a sufficient amount from the Government. Therefore, this writ petition is disposed of, with a direction to the 2nd respondent to sanction the entire amount due to the petitioner and disburse it within a period of 12 months.” CON.CASE(C) NO. 244 OF 2025 3 2025:KER:29824 2. The learned counsel for the petitioner submits that except for Rs.7,083/-, as special advance has been received by the petitioner. 3. The learned counsel for the respondent contemnor submits that the said amount is not liable to be paid to the petitioner under the law inasmuch as the said amount was paid to the petitioner on undertaking which authorises the respondent corporation to recover the said amount if the Government did not sanction the said amount for payment to the petitioner. As the Government has not sanctioned the said amount, Rs.7,083/- has been recovered from the petitioner, and therefore, the petitioner is not entitled to receive the said amount in view of the undertaking given by the petitioner. Considering the aforesaid facts, nothing survives in this Contempt Case. Therefore, the present Contempt Case stands is closed. Sd/- D. K. SINGH AP JUDGE CON.CASE(C) NO. 244 OF 2025 4 2025:KER:29824 APPENDIX OF CON.CASE(C) 244/2025 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 04.01.2024 DATED IN WPC NO. 41660 OF 2024 Annexure A2 . TRUE COPY OF THE REPRESENTATION DATED 04.01.2025 Annexure A3 TRUE COPY OF THE ORDER DATED 29.08.2024