IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN &

THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 15^TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944 CON.CASE(C) NO. 26 OF 2022 PETITIONERS/PETITIONERS IN OP(CAT):

1 LAKSHDWEEP SPECIAL PAY OPTED PENSIONERS ASSOCIATION (LSPPA), SRUTHI, NRA-G/20, NCC NAGAR, P.O. PERUKKADA, TRIVANDRUM, PIN – 695005, REPRESENTED BY ITS GENERAL SECRETARY SHRI. R SADASIVAN NAIR

2 R. SADASIVAN NAIR, S/O. LATE SHRI K. RAMAN PILLAI, AGED 79 YEARS, (HEAD MASTER RETIRED - GOVERNMENT J B SCHOOL (NORTH) AGATTI, UT OF LAKSHADWEEP)

RESIDING AT SRUTHI, NRA-G/20, NCC NAGAR, P.O. PERURKADA, TRIVANDRUM - 695 005, PIN - 695005

3 V.K. BALAKRISHNAN, S/O K.K.KESAVAN, AGED 80 YEARS, (OPERATOR, CANNING FACTORY, FISHERIES, MINICOY, LAKSHADWEEP RETIRED), RESIDING AT KEASAVEEYAM NO.

19/123, ARA-50, P.O. PALLURUTHY, KOCHI -682006 BY ADVS. M.R.HARIRAJ GISHA G. RAJ REJIVUE K.C.

VISWAJITH C.K ALINA ANNA KOSE VIDYA A.K RESPONDENTS/RESPONDENTS IN OP(CAT):

1 PRAFUL KHODA PATEL, NAME OF THE FATHER AND AGE NOT KNOWN TO THE PETITIONER,THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI.PIN.682555.

2 SHRI. KSHATRAPATI SHIVAJI, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONERS, SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI.110001.

BY ADVS. SHRI.SAJITH KUMAR V., SC, LAKSHADWEEP ADMINISTRATION SHRI. MANU S., ASG OF INDIA THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2022, ALONG WITH Con.Case(C).40/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN &

THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 15^TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944 CON.CASE(C) NO. 40 OF 2022 PETITIONER/PETITIONER NO.39 IN OP(CAT):

LAKSHDWEEP SPECIAL PAY OPTED PENSIONERS ASSOCIATION (LSPPA)

SRUTHY, NRA – G/20 NCC NAGAR, PEROORKKADA P.O.

THIRUVANANTHAPURAM – 695 005, REPRESENTED BY ITS GENERAL SECRETARY, R SADASIVAN NAIR, S/O SHRI. K.RAMAN PILLAI, AGED 79 YEARS, RESIDING AT SRUTHI, NRA-G/20, NCC NAGAR, PEROORKKADA PO, THIRUVANANTHAPURAM, PIN -

695005 BY ADVS.M.R.HARIRAJ Rejivue K.C ALINA ANNA KOSE VIDYA A.K VISWAJITH C.K RESPONDENTS/RESPONDENTS IN OP(CAT):

1 SHRI. KSHATRAPATI SHIVAJI, NAME OF FATHER AND AGE NOT KNOWN TO THE PETITIONER, SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI- 110001, 2 PRAFUL KHODA PATTEL, NAME OF FATHER AND AGE NOT KNOWN TO THE PETITIONER, THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI, PIN- 682555.

BY ADVS.

MANU S., ASG OF INDIA SHRI.SAJITH KUMAR V., SC, LAKSHADWEEP ADMINISTRATION THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2022, ALONG WITH Con.Case(C).26/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.VINOD CHANDRAN & V.G.ARUN, JJ ------------------------------------------------------

Cont.Case Nos. Nos.26 & 40 of 2022 ------------------------------------------------------

Dated this the 15^th of September, 2022

JUDGMENT

K.Vinod Chandran, J.

Learned Standing Counsel appearing for the Lakshadweep Administration submits that the directions have been complied with and the entire amounts paid. Learned Counsel appearing for the petitioners submits that though the pension has been fully disbursed, gratuity has not been paid. Learned Standing Counsel submits that there is no direction to revise gratuity, which is countered by the learned Counsel for the petitioners, that this is a part of pensionary benefits. It is also contended by the petitioners that they are all retired and they cannot be asked to again approach Courts. In any event, if there is no such direction in the judgment, we cannot find any contempt and if they have a surviving cause it will have to be agitated afresh. We leave open the issue to be agitated in appropriate proceedings and close the contempt proceedings.

Sd/-

K.VINOD CHANDRAN, JUDGE Sd/-

V.G. ARUN, JUDGE uu APPENDIX OF CON.CASE(C) 40/2022 PETI