Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 7522 (KER)

Roy K.J v. SUMAN BILLA I.A.S

Con.Case(C)/1441/2023 · 2025-03-25

D K Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Con. Case(C) NO. 1441 OF 2023 1 2025:KER:25615 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 CON.CASE(C) NO. 1441 OF 2023 AGAINST THE JUDGMENT DATED 21.03.2023 IN WP(C) NO.291 OF 2023 OF HIGH COURT OF KERALA PETITIONER/PETITIONER IN THE WRIT PETITION: ROY K.J AGED 58 YEARS S/O. K.L.JOSEPH, RESIDING AT KATTIPARAMABIL HOUSE, WEST BAZAR, CHALAKKUDY, THRISSUR, PIN - 680307 BY ADVS. R.LAKSHMI NARAYAN R.RANJANIE RESPONDENTS/RESPONDENTS 1 AND 2 IN THE WRIT PETITION: 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 2 ARUNACHALAM SUKUMAR, S/O. SUDALAIMUTHU ARUNACHALAM, MANAGING DIRECTOR – IN CHARGE, KERALA STATE TEXTILE CORPORATION LTD., ANNAPOORNA, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 695001 Con. Case(C) NO. 1441 OF 2023 2 2025:KER:25615 BY ADV. P.U. SHAILAJAN-SC THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Con. Case(C) NO. 1441 OF 2023 3 2025:KER:25615 D. K. SINGH, J. -------------------------- Con. Case(C) No. 1441 of 2023 ------------------------- Dated this the 25th day of March, 2025 JUDGMENT 1. 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; “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:- 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.” 2. An affidavit of compliance has been filed by the 2nd respondent, the Managing Director, Kerala State Textile Corporation Ltd. Con. Case(C) NO. 1441 OF 2023 4 2025:KER:25615 Paragraph No. 3 of the affidavit would read as under; 3. 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. 3. 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. Sd/- D. K. SINGH JUDGE Svn Con. Case(C) NO. 1441 OF 2023 5 2025:KER:25615 APPENDIX OF CON.CASE(C) 1441/2023 PETITIONER ANNEXURES Annexure A-1 THE CERTIFIED COPY OF THE JUDGMENT DATED 21.3.203 IN W.P.(C) NO. 291/2023 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 RESPONDENT ANNEXURES Annexure R2 (A) SENIORITY LIST IN RETIREMENT FROM KSTC