V.K.Leela vs P.G.Tensing on 27 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 474 of 2007(S)


1. V.K.LEELA,W/O.LATE UNNIRAMAN,KOTIKAL
                      ...  Petitioner

                        Vs



1. P.G.TENSING,AGED ANOUT 50 YEARS,FATHERS
                       ...       Respondent

2. N.RAVEENDRAN,AGED ABOUT 50 YEARS,

                For Petitioner  :SMT.LEKHA SURESH

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH

 Dated :27/11/2007

 O R D E R
                       H.L.DATTU, C.J. & K.M.JOSEPH, J.
                        ----------------------------------------------------
                      Contempt Case (Civil) No.474 of 2007
                       --------- ------------------------------------------
                    Dated, this the 27th day of November, 2007

                                     JUDGMENT

H.L.Dattu, C.J.

Alleging that the respondents have wilfully and deliberately

disobeyed the orders and directions issued in O.P.No.21448 of 2001, the

complainant is before us in this contempt case.

(2). The respondents have been served with notice and they have

entered appearance. They have also filed their counter affidavit.

(3). During the pendency of this contempt case, the Government

have passed an order in G.O.(Rt) No.5365/07/G.Edn. dated 24-11-2007. The

orders passed by the State Government is as under:

GOVERNMENT OF KERALA

Abstract

General Education-Establishment-Judgment in Writ Appeal
No.1982/06 filed against the judgment in OP No.21448/01 filed
by Smt.V.K.Leela, LPSA (Retired)-Direction Complied with-
Further orders Issued.

=================================================
GENERAL EDUCATION (B) DEPARTMENT

G.O.(Rt) No.5365/07/G.Edn. Dated, Thiruvananthapuram 24-11-2007
=================================================
Read:-1. Judgment dated 8-11-2006 in WA 1982/06 filed against
the judgment dated 23-3-2006 in OP No.20448/01 filed
by Smt.V.K.Leela, LPSA (Retired).

2. G.O.(Rt) No.945/07/G.Edn. dated 01-3-2007.

3. Fax Message No.CCC/474/07 dated 23-11-2007 from
Shri.M.P.Sreekrishnan, Senior Government Pleader,
Advocate General’s Office, Ernakulam.

COC No.474/2007                     -2-



                                   ORDER

                    In   the   judgment    dated   23/3/2006   in    OP

No.21448/01, the Hon’ble High Court has directed the
respondents to grant interest at the rate of 8% from 1-4-95 till the
actual disbursement of pension and pensionary benefits and the
same shall be done within a period of three months from the
date of production of a copy of the judgment. Against the
direction in the judgment, Government have filed WA 1982/06
and the same was dismissed on 8-11-2006 by the Hon’ble High
Court upholding the judgment in OP No.21448/01.

After examining the case in detail, as per G.O.
read as 2nd paper above, Government have directed the
Assistant Educational Officer, Thrissur West to comply with the
direction as opined by the Hon’ble High Court. Accordingly
interest at the rate of 8% at pension and pensionary benefits for
the period from 1995 till the disbursement of actual pension have
been released by the Assistant Educational Officer to the
petitioner.

Meanwhile in the Fax message dated 23-11-2007,
the Senior Government Pleader, Shri.M.P.Sreekrishnan has
informed that the petitioner’s claim is that she has not been
given the interest on subsequent revision in pensionary benefits
and Dearness Allowance till the actual disbursement of pension
and if an order to that effect is not passed, the Secretary will
have to appear before the court and face contempt proceedings
for the non compliance of the judgment. the message has the
approval of the Advocate General, Ernakulam. In the
circumstances reported by the Advocate General, Government
are pleased to direct the Assistant Educational Officer, Thrissur
West to sanction interest on subsequent revision in pension plus
Dearness Allowance if any occurred at the rate of 8% from
1-4-1995 till the actual disbursement of pension to
Smt.V.K.Leela, LPSA (Retired), Thrissur.

By Order of the Governor,

T.SYAMALAKUMARY AMMA
Deputy Secretary to Government

COC No.474/2007 -3-

(4). In view of the subsequent development that has taken place

during the pendency of the contempt case, we are of the opinion that this

contempt petition need not be proceeded further. Accordingly, the contempt

proceedings is dropped for the present.

(5). In view of the order passed in the contempt case

I.A.No.650/2007 is closed.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(K.M.JOSEPH)
JUDGE

MS