High Court Kerala High Court

C.V.Suvarnakumari vs Sri.V.Ravindran on 15 September, 2009

Kerala High Court
C.V.Suvarnakumari vs Sri.V.Ravindran on 15 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 849 of 2009(S)


1. C.V.SUVARNAKUMARI, RETIRED HIGH SCHOOL
                      ...  Petitioner

                        Vs



1. SRI.V.RAVINDRAN, (FATHER'S NAME AND
                       ...       Respondent

                For Petitioner  :SRI.S.D.ASOKAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :15/09/2009

 O R D E R
                            S. SIRI JAGAN, J
                  ...............................................
                   Cont. Case No. 849 of 2009
                 .................................................
        Dated this the 15th day of September, 2009

                            J U D G M E N T

The petitioner seeks initiation of contempt proceedings

against the respondent for non-compliance with the direction in

Annexure A judgment. In Annexure A judgment, I issued three

directions. It is submitted in the affidavit filed on behalf of the

respondents that the 1st and 3rd directions had been complied with,

which are payment of arrears on pay revision introduced with

effect from 1.3.1997 and payment of charge allowance for the

period from 1.4.1996 to 25.5.1996. But the Government Pleader

submits that the other direction regarding reckoning of extended

period from 31.10.1996 to 31.3.1997 as qualifying service for

pensionary benefits has not been complied with, since subsequent

to the Annexure A judgment a Division Bench decision of this court

had upheld a retrospective amendment to Rule 60 C of Part I of

KSR and the state has filed an appeal against Annexure A judgment

namely W.A. No. 1814 of 2009. In such circumstances, I do not

think that it is necessary to continues proceedings in the contempt

case in so far as there is no deliberate disobeyance of orders of this

court. Accordingly the contempt case is closed.

S. SIRI JAGAN, JUDGE
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