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2026 Supreme(Online)(Ker) 20768

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SAJI T.M. – Appellant
Versus
SMT. DR. K VASUKI (IAS) – Respondent
Cont.Case(C) NO. 182 OF 2026 | WP(C) NO.37603 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.KALEESWARAM RAJ, KUM.THULASI K. RAJ, SMT.CHINNU MARIA ANTONY, SMT.APARNA NARAYAN MENON
For the Respondents: SRI.VENUGOPAL V.

Contempt proceedings are not suitable for claims where compliance with prior orders is in dispute; such claims should be pursued through original writ petitions.

Headnote:The High Court analyzed the compliance with its interim order regarding salary disbursements to the petitioner, clarifying that the petitioner's pending claim for grade pay must be pursued in the original writ petition. Therefore, the contempt application was dismissed as no non-compliance was established. 'The grievance now raised by the petitioner pertains to the grade pay allegedly due to him.' Ultimately, the court concluded the case by reserving the petitioner's liberty to pursue further legal remedy.

Table of Content
1. petitioner's claim of compliance with court orders regarding salary disbursement. (Para 1)
2. court's statement on the need to resolve grade pay issues through the original writ petition. (Para 2)

JUDGMENT

The petitioner has approached this Court contending that the directions in Annexure-I interim order dated 07.10.2025 in I.A.No.3 of 2025 in WP(C) No.37603 of 2024 have not been complied with, wherein this Court has issued a direction to the respondents to disburse the salary and other emoluments due to the petitioner as envisaged in Ext.P20 in the said writ petition within a period of two months therefrom.

2. The learned Government Pleader, relying on Annexure A2 (Ext.P20 in WP(C) No.37603 of 2024), submits that the decision taken by the Director is to pay the salary due to the petitioner till his retirement from service. The petitioner has no case that salary has been denied to him. The grievance now raised by the petitioner pertains to the grade pay allegedly due to him, which, I am of the view, has to be agitated in the writ petition and hence, the said claim cannot be considered in the contempt of Court case.

Reserving liberty to the petitioner to challenge the same, this contempt case is closed.

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