Appeals under Section 19 of the Contempt of Courts Act are maintainable only against orders imposing punishment for contempt, not against dismissals for lack of maintainability.

JUDGMENT

Anil K. Narendran, J.

The petitioner in Contempt Case (C)No.2920 of 2024 has filed this writ appeal, as an intra-court appeal, invoking the provisions under Section 5 (i) of the Kerala High Court Act , 1958, challenging the judgment dated 24.03.2025 of the learned Single Judge in that contempt case, whereby that contempt petition was dismissed as not maintainable, with an observation that the petitioner is misusing the liberty and process of the court and that any non-maintainable petition filed by him in future shall be dismissed with heavy cost. Paragraphs 4 to 6 and also the last paragraph of that judgment read thus:

“4. In compliance with the said judgment, the Government passed an order afresh on 18.11.2024 and the Government held that as per Rule 120 of the Kerala Service Rules, Part III, if the application for pension was not made within a period of three years after the date of retirement, the same could not be given retrospective effect without a special Government order.

5. The said decision of the Government order dated 18.11.2024 came to be challenged by the petitioner in W.P(C) No.42443/2024 and this court vide the judgment dated 22.01.2025, was of the opinion that the petitioner is not entitled for pension from 04.06.2009 till the date of application made on 23.11.2021. However, this court directed the Government to consider whether the pension to the petitioner can be granted for a period of three years prior to the date of his application, i.e. 23.11.2021, by special sanction by the Government. Aggrieved by the said judgment, the petitioner has approached the Division Bench in W.A No. 224 of 2025.

6.This court fails to understand that when the Government has already taken the decision in pursuance to the judgment dated 01.07.2024 passed in W.P(C) NO. 9508/2023, the said decision of the Government was challenged by the petitioner before this court in W.P(C) No.42443/2024, how the contempt of the judgment dated 01.07.2024 passed in W.P(C) No.9508/2023 could be maintainable.

In view of the aforesaid, the contempt petition is dismissed as not maintainable. I am of the considered view that the petitioner is misusing the liberty and process of the Court. Any nonmaintainable petition filed by him in future shall be dismissed with a heavy cost."

2. Heard the arguments of the appellant, who appeared in person and also the learned Senior Government Pleader for the respondent.

3. From the grounds raised in the memorandum of the writ appeal and also the submissions made by the appellant, who appeared in person, we notice that the appellant is feeling aggrieved by the observations made by the learned Single Judge in the last paragraph of the judgment dated 24.03.2025 in Contempt Case (C) No.2920 of 2025.

4. The appellant filed W.P.(C)No.9508 of 2023 seeking a declaration that he is entitled for pension and Death-cum- Retirement Gratuity from the date of compulsory retirement, i.e., 07.04.2006 to the date of application for pension, i.e., 23.11.2021. The petitioner has also sought for other consequential reliefs including a writ of certiorari to quash Ext.P10 Government order dated 08.03.2023. The said writ petition was disposed of by Annexure A4 judgment dated 01.07.2024. The operative portion of that judgment reads thus;

“In the result, Ext.P10 stands quashed, and the 2^nd respondent is directed to reconsider the claim of the petitioner for pension and other reliefs based on Exts.P7 and P9. Orders in this regard shall be passed within three months from the date of receipt of a copy of this judgment."

5. Section 19 of the Contempt of Courts Act deals with appeal. As per sub-section (1) of , an appeal shall lie as of right from any order or decision of the High Court in the exercise of its jurisdiction to punish for contempt (a) where the order or decision is that of a Single Judge, to a Bench of not less than two Judges of the Court; (b) where the order or decision is that of a Bench, to the Supreme Court. As per the prov