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2025 DAILYLAW 5037 (KER)

P. JOSE v. SRI. BINU FRANCIS

Con.Case(C)/770/2025 · 2025-04-10

D K Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:31758 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 CON.CASE(C) NO. 770 OF 2025 AGAINST THE JUDGMENT DATED IN WP(C) NO.36305 OF 2023 OF HIGH COURT OF KERALA PETITIONER(S)/PETITIONER IN W.P(C)NO.36305 OF 2023: P. JOSE AGED 65 YEARS S/O POULO NJALIYAN HOUSE, NADUVATTOM P.O., NEELESWARAM, KALADY, ERNAKULAM (LINEMAN, KERALA WATER AUTHORITY, RETIRED ON 30.9.2016) ( CODE NO. 12055, PPO – 10039), PIN – 683574. BY ADVS. BIJU MARTIN M.M.SALIM AEBLE BENNY PRAKASHAN M. BINOJI K.V. RESPONDENT (S)/3RD RESPONDENT IN W.P(C)NO.36305 OF 2023: SRI. BINU FRANCIS AGED ABOUT 50 YEARS, FATHER’S NAME IS NOT KNOWN TO THE PETITIONER, MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM, PIN – 695010. GEORGIE JOHNY-SC THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:31758 CON.CASE(C) NO. 770 OF 2025 2 D. K. SINGH, J ---------------------------------------------- Con.Case(C) No. 770 of 2025 ---------------------------------------------- Dated this the 10th day of April, 2025 J U D G M E N T The present contempt petition has been filed alleging willful disobedience and non-compliance of the judgment dated 21.03.2024 passed by this Hon’ble Court in W.P.(C) No. 36305 of 2023, instituted by the petitioner. The said writ petition was disposed of by this Court in the following terms: “ In the result, the impugned orders are quashed and the respondents are directed to restore the pay and services already granted to the petitioner taking the date of initial entry in the service in 01/08/1987 up to his retirement. The respondents shall sanction and disburse revised pension, DCRG, commuted value of pension, and other retirement benefits reckoning the period of service from 01/08/1987 as qualifying service. Orders in this regard shall be passed within two months from the date of receipt of a copy of this judgment and disbursement shall be made within two months thereafter. If the amounts as quantified in the orders directed to be passed are not paid within the above-mentioned stipulated time, the same carry interest @ 6% from the date on which it became due. The unpaid gratuity will carry interest @ 6% computed from the first day of the next month of retirement of the petitioner.” 2025:KER:31758 CON.CASE(C) NO. 770 OF 2025 3 2. In the affidavit of compliance filed on behalf of the respondent/ contemnor, it has been stated that the monthly pension of 23,210/- was disbursed to the petitioner ₹ on 21.08.2024. DCRG amounting to 79,46,464/- was ₹ disbursed on 18.01.2025, and the commuted value of pension, amounting to 10,92,913/-, was disbursed on 27.01.2025. The ₹ monthly pension of the petitioner was revised in accordance with the 2019 pension revision, and the petitioner is now being disbursed pension at the rate of 32,030/- per month. ₹ 3. It is submitted that there is no willful disobedience or non-compliance of the judgment dated 21.03.2024 passed by this Court in WP(C) No. 36305 of 2023. In view of the above, nothing survives in this contempt petition, and the same is hereby closed. Sd/- D. K. SINGH JUDGE mea 2025:KER:31758 CON.CASE(C) NO. 770 OF 2025 4 APPENDIX OF CON.CASE(C) 770/2025 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE JUDGMENT DATED 21.03.2024 IN W.P. ( C). NO. 36305 OF 2023 Annexure 2 TRUE COPY OF THE ORDER NO. DA 1-2000/VOL/IV DATED 22.05.2024 PASSED BY THE EXECUTIVE ENGINEER P H, DIVISION ALUVA