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2021 Supreme(Online)(KER) 45748

HIGH COURT OF KERALA
ALEXANDER THOMAS, VIJU ABRAHAM, JJ
C.P. REGHUKUMAR – Appellant
Versus
SHEULI BURMAN – Respondent
Con.Case(C)/1744/2021



Advocates:
SAJITH KUMAR, V. VIVEK, A. V. GODWIN JOSEPH, APARNA CHANDRAN, REMYA VARMA, N.K

The court affirmed that compliance with its directives by the concerned authorities negates the grounds for contempt.

Headnote:

Contempt - Compliance - Act Section List - The judgment emphasizes the enforcement of prior court orders and the obligation of authorities to comply. The prompt actions taken by the competent authority post the original ruling reinforce the accountability within the legal framework.

Fact of the Case:

The petitioner claimed non-compliance with earlier court directives regarding pensionary benefits following a specific judgment.

Issues: Whether there was a failure to comply with a court order and the appropriate response to enforce compliance.

Ratio Decidendi: The court determined that as long as the competent authority took necessary actions in accordance with the prior judgment, contempt proceedings were not warranted.

Final Decision: The contempt case is disposed of with a finding of compliance.

JUDGMENT

Alexander Thomas, J.

The above Contempt of Court Case is filed alleging non-

compliance of the directions and orders passed by this Court in Annexure-A judgment dated 10.03.2021 in O.P.(CAT) No.232 of

2019, filed by the petitioner herein.

2. Heard Sri.V.Sajith Kumar, the learned counsel appearing for the petitioner herein and Sri.S.Manu, the learned Assistant Solicitor General of India appearing for the respondents herein. 3. When the case has come up for consideration on the previous occasion, we have passed an order on 15.11.2021 recording the submission of Sri.S.Manu, the learned Assistant Solicitor General of India, appearing for the respondent that the competent authority of the Union Government in the Ministry of Communications has already passed orders in regard to the sanctioning the grant of the benefits covered by Annexure-A judgment and what remains is only consequential actions by the subordinate officers concerned for working out the arrears of revised pensionary benefits and that the case may be adjourned by three weeks or so.

4. Today when the matter has taken up for consideration, Sri.S.Manu, the learned ASGI, appearing for the respondents would submit, on the basis of instructions, that orders have already been passed by the competent authority in the matter on 18.11.2021, orders sanctioning revised gratuity has been issued on 30.11.2021 and consequently pension payment order has been issued by them on 04.12.2021 and all what remains is that the petitioner should report before the Cherthala Head Post Office with the necessary records, then the amounts covered by the pension payment order and the revised gratuity payment order, etc. would be disbursed to him.

Recording the abovesaid submissions made on behalf of the respondents, the above Contempt of Court Case, will stand finally disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE Sd/-

VIJU ABRAHAM, JUDGE

cks

APPENDIX OF CON.CASE(C) 1744/2021 PETITIONER ANNEXURE Annexure A A CERTIFIED COPY OF THE JUDGMENT DATED

10.03.2021 IN OP(CAT) NO.232 OF 2019 OF THE HON'BLE HIGH COURT OF KERALA.

Annexure B A TRUE COPY OF THE REPRESENTATION DATED

18.06.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

Annexure C A TRUE COPY OF THE LETTER NO.ASP/HC-

1/2019-20 DATED 24.06.2021 ISSUED BY THE

2ND RESPONDENT TO THE PETITIONER.

Annexure D A TRUE COPY OF THE ORDER DATED

08.10.2021 IN SLP NO.15381/2021 OF THE HON'BLE SUPREME COURT OF INDIA.

RESPONDENTS' ANNEXURES: NIL

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