CON.CASE(C) NO. 656 OF 2025 1 2025:KER:28876 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CON.CASE(C) NO. 656 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 19.03.2024 IN WP(C) NO.28864 OF 2021 OF HIGH COURT OF KERALA PETITIONER/PETITIONER IN WPC : CHANDRA BABU K.A AGED 49 YEARS CISF NO. 934450063, EX-INSPECTOR/EXECUTIVE, FORMERLY OF CISF UNIT KAPS KAKRAPAR, TAPI, GUJARAT , PIN : 394651.PRESENTLY RESIDING AT THANDATTUPARAMBIL HOUSE,MALAYANKADU, NEAR SIVAGIRI VIDYANIKETAN PUBLIC SCHOOL, THOTTUMUGHAM POST, ERNAKULAM, KERALA,, PIN - 683105 BY ADVS. T.SANJAY SANIL KUMAR G. PRIYANKA RAJAN RESPONDENTS/RESPONDENTS 1, 2 AND 5 IN WPC : 1 GOVIND MOHAN (AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER), UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHII,, PIN - 110001 2 RAJWINDER SINGH BHATTI DIRECTOR GENERAL CISF, (AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER ), CISF HEAD QUARTERS, CGO COMPLEX, LODHI ROAD NEW DELHI,, PIN - 110003 3 BHAIRO PRATAP SINGH (AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER ), THE GROUP COMMANDANT, CISF UNIT KAPS KAKRAPAR,DISTRICT TAPI, GUJARAT ,, PIN - 394651 DAYA SINDHU SREEHARI-CGC THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CON.CASE(C) NO. 656 OF 2025 2 2025:KER:28876 JUDGMENT The present Contempt Case has been filed for willful disobedience/non-compliance of the judgment dated 19.03.2024 passed in W.P.(C.) No.28864/2021. While disposing of the said writ petition, this Court gave the following direction: “7. Though as per Ext.R5(P), he has given an undertaking to refund the excess amount, the same cannot be used against the petitioner as the said undertaking was given at the time of retirement, in view of the above judgment in W.P.(C) No.14296 of 2023 of the Bombay High Court. In the result, the Writ Petition is allowed. Ext.P2 to the extent it retains Rs.4,50,902/- is quashed and the respondents are directed to pay the amount within a period of two months from the date of receipt of a copy of this judgment. If the amount is not paid as directed above, the said amount will carry interest at the rate of 6% from the date on which the amount become due.” 2. In pursuance to the notice issued in the present Contempt Case, an affidavit of compliance has been filed by the respondent/contemnor stating that, now the CON.CASE(C) NO. 656 OF 2025 3 2025:KER:28876 petitioner has been paid Rs.4,77,956/- which would also include interest @ 6% on the gratuity amount due. 3. The learned counsel for the petitioner submits that the interest calculated by the respondent while issuing the cheque for an amount of Rs.4,77,956/- is not as per the provisions of the Payment of Gratuity Act, and the petitioner is entitled for payment of more interest amount. The direction issued by this Court was for payment of the gratuity amount along with interest due on the said amount within two months. If the petitioner is aggrieved that the interest has not been calculated properly, the remedy is not Contempt Case but somewhere else. In view thereof, I do not find any ground to keep this Contempt Case alive; therefore, the present Contempt Case is hereby closed. Sd/- D. K. SINGH AP JUDGE CON.CASE(C) NO. 656 OF 2025 4 2025:KER:28876 APPENDIX OF CON.CASE(C) 656/2025 PETITIONER ANNEXURES Annexure -A1 CERTITIFIED COPY OF JUDGMENT DATED 19.03.2021 IN WP NO.28864/2021 OF THIS HON’BLE COURT Annexure -A2 TRUE COPY OF THE APPLICATION DATED 14.04.2024 SENT BY THE PETITIONER ON 02.03.2024 ADDRESSED TO THE COMMANDANT, CISF UNIT KAPS KAKRAPAR, DISTRICT TAPI, GUJARAT RESPONDENT ANNEXURES Annexure R3(a) A true copy of the communication regarding encashment of Cheque dated 24-03-2025 issued by the Deputy Commandant/DDO, CISF Unit KAPS Kakrapar