An appeal under Section 19(1) of the Contempt of Courts Act is not maintainable unless it concerns an order imposing punishment for contempt; issues related to merits must be addressed through an intra-court appeal.

JUDGMENT

Anil K. Narendran, J.

The respondents in Cont. Case (C)No.2459 of 2019 filed this Contempt Appeal, invoking the provisions under Section 19 (1) of the Contempt of Courts Act, 1971 , read with Section 5 (i) of the Kerala High Court Act, 1958 , to set aside the order dated 05.12.2023 in Cont. Case (C)No.2459 of 2019 and the order dated 15.07.2024 in I.A.No.2 of 2024 in Cont. Case (C)No.2459 of 2019 of the learned Single Judge. The said contempt case is one filed by the respondents herein, who are the petitioners in W.P.(C)No.24735 of 2013, invoking the provisions under Section 12 of the Contempt of Courts Act, alleging non-compliance of the directions contained in Annexure I judgment dated 05.06.2015 in W.P.(C)No.24735 of 2013. The said judgment is a common judgment rendered by the learned Single Judge in W.P.(C)No.24735 of 2013 and connected matters.

2. The respondents herein, retired personnel of Assam Rifles, a Central Paramilitary Force, have approached this Court in W.P.(C)No.24735 of 2013 seeking parity in the pay scale as in the case of their counterparts in other paramilitary forces. The petitioners in the writ petitions contended that the issue raised by them is no longer res integra, in view of the law laid down by a Division Bench of Gauhati High Court in Writ Appeal No.50 (SH) of 2010, which judgment was one rendered following the judgment of the Apex Court in Union of India v. Dineshan K.K. [(2008) 1 SCC 586]. In Annexure I judgment, the learned Single Judge, after considering the entire facts and circumstances, held that the writ petitioners are entitled to the benefit of the said judgment and hence to be redesignated with replacement scale of pay in the scale of Rs.3200-85-4900. Since all of them have retired from service, they are entitled to get their retirement benefits re-fixed on the basis of the pay fixed on such upgradation along with arrears of pensionary benefits. Seeking the benefit of the said judgment, they have already approached the Director General of Assam Rifles. In the light of the declarations, the learned Single Judge directed the Director General of Assam Rifles to consider the representations of each of the petitioners and grant them all benefits on the basis of the upgradation/restructuring and replacement of the scale of pay of the post from which they retired, by re-fixation of their pay and pensionary benefits. They were directed to be granted the arrears of pensionary benefits, on the basis of such re-fixation of pay and pension, along with all other monetary benefits, within a period of 4 months from the date of receipt of a copy of Annexure I judgment.

3. Annexure I judgment of the learned Single Judge was under challenge in W.A.No.1671 of 2017 and connected matters. Those writ appeals ended in dismissal by Annexure II judgment dated 19.07.2019 of the Division Bench, in which the Division Bench had recorded the undertaking of the appellants therein that they have no objection in extending the benefits of Ext.P1 judgment rendered by the Gauhati High Court to the writ petitioners. In Annexure II judgment, the Division Bench had also made it clear that the question as to whether the benefits under Ext.P1 judgment have been extended to the writ petitioners or not has to be agitated in the proceedings for contempt, if any, initiated and not in those writ appeals. R.P.No.937 of 2019 filed in W.A.No.1062 of 2017 seeking review of Annexure II judgment ended in dismissal by Annexure III order dated 15.10.2019 on the ground that there is no error apparent on the face of the record.

4. In Cont. Case (C)No.2459 of 2019, the respondent therein filed an affidavit dated 10.01.2023, wherein it was stated that the directions contained in Annexure I judgment have already been complied with and the benefits in Ext.P1 judgment rendered by the Gauhati High Court have been extended to all writ petitioners by Annexure R1(a) order dated 03.02.2016. The respondents herein-writ petitioners filed a reply af