Con. Case(C) NO. 427 OF 2024 1 2025:KER:27502 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 CON.CASE(C) NO. 427 OF 2024 AGAINST THE JUDGMENT DATED 18.08.2023 IN WP(C) NO.35552 OF 2022 OF HIGH COURT OF KERALA PETITIONER/PETITIONER IN WPC: K. RAJAN AGED 60 YEARS, S/O KRISHNAN, KAKKANATTU, MANGANAM.P.O., KOTTAYAM, PIN – 686018. BY ADV. D. AJITHKUMAR RESPONDENT/1ST RESPONDENT IN WPC: G. BAIJU, (AGE AND FATHER’S NAME NOT KNOWN TO PETITIONER), SECRETARY, TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM BOARD HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN – 695003. BY ADV. G. BIJU -SC THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Con. Case(C) NO. 427 OF 2024 2 2025:KER:27502 D. K. SINGH, J. -------------------------- Con. Case(C) No. 427 of 2024 ------------------------- Dated this the 27th day of March, 2025 JUDGMENT 1. The present contempt petition has been filed alleging willful non-compliance and disobedience of the Judgment dated 18.08.2023 in W.P.(C) No. 35552 of 2022. This Court, while allowing the said writ petition issued the following directions; “In the afore circumstances, I allow this Writ Petition and set aside Ext.P8; with a consequential direction to the Competent Authority of the ‘TDB’ to pay the petitioner his full retiral benefits, after deducting those amounts, if any, which have already been honoured, within a period of three months from the date of receipt of a copy of this judgment, failing which, said sum will carry interest at the rate of 7% per annum from the date on which it became due, until it is actually paid.” In compliance of the said Judgment, the petitioner has been paid Rs. 9,77,311/- out of the sanctioned DCRG of Rs. 12,30,174/- inasmuch as the departmental liability of Rs. 2,52,863/- has been adjusted from the sanctioned sum of DCRG. 2. The learned Counsel for the petitioner submits that the deduction of Rs. 2,52,863/- from his sanctioned DCRG towards the departmental liability is incorrect and the petitioner should have Con. Case(C) NO. 427 OF 2024 3 2025:KER:27502 been paid the full amount of Rs. 12,30,174/-. 3. The Judgment in question itself granted liberty to the Devaswom Board to deduct the amounts already paid and, therefore, I am of the opinion that the petitioner is not entitled to the amount already paid which has been adjusted from the sanctioned amount of DCRG. However, if the petitioner is still aggrieved by the deduction, contempt is not the appropriate remedy and the petitioner should take recourse to the appropriate remedy as may be available to him under the law. 4. Considering the fact that the petitioner has been paid DCRG for an amount of Rs. 9,77,311/-, nothing survives in this contempt petition and the same is hereby closed. Sd/- D. K. SINGH JUDGE Svn Con. Case(C) NO. 427 OF 2024 4 2025:KER:27502 APPENDIX OF CON.CASE(C) 427/2024 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT IN W.P.(C) NO.35552 OF 2022 OF THE HON’BLE HIGH COURT OF KERALA ANNEXURE A2 TRUE COPY OF LETTER DATED 01.09.2023 SENT BY PETITIONER TO THE RESPONDENT ANNEXURE A3 TRUE COPY OF THE JUDGMENT IN R.P. NO. 308/2024 DATED 21.8.2024 OF THE HON’BLE HIGH COURT OF KERALA ANNEXURE A4 TRUE COPY OF THE JUDGMENT IN CONT.CASE (C) NO. 427/2024 DATED 21.8.2024 OF THE HON’BLE HIGH COURT OF KERALA ANNEXURE A5 TRUE COPY OF THE LETTER DATED 30.08.2024 SUBMITTED BY PETITIONER BEFORE THE TRAVANCORE DEVASWOM BOARD