High Court of KeralaDivision Bench2020-01-15Contempt petitions are closed with liberty to m...

Con.Case(C).506/2016 in WP(C).21981/2015 (Judgment in WPC 21981/2015 of High Court of Kerala dt.22.7.15)

Case / Petition Number:Con.Case(C).506/2016; Con.Case(C).1776/2016; Con.Case(C).655/2016; Con.Case(C).2002/2017; Con.Case(C).507/2017

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: S. Manikumar
Shaji P. Chaly
Judgment Date: 2020-01-15
Court Decision / Holding: Contempt petitions are closed with liberty to move afresh depending upon the outcome of the appeals filed in the Supreme Court; stay of further contempt proceedings as directed by the Supreme Court is to be observed.
Final Disposition: Contempt petitions are closed with liberty to move afresh depending on the outcome of Supreme Court appeals; reflects reliance on Supreme Court stay orders and directions.

Parties to the Case

Appellants / Petitioners

M Mohammed Musthafa
Gopalakrishnan D
P Sasidharan Kurup
G. Sudhakar Nair
P.M. Mohanan
V. Latheef
Benny Thomas
K.R. Radhakrishnan Nair
D. Devarajan

Respondents

Antony Chacko
M.G. Rajamanickam
A Hemachandran IPS
K.M. Sreekumar

Legal Representation & Advocates

Counsels for Petitioners

• N. Unnikrishnan
• Manu Ramachandran
• Viju Abraham
• Albert V. John
• T. P. Baby
• Roshni Manuel
• D. Sajeev
• Ligey Antony

Counsels for Respondents

• M. Gopikrishnan Nambiar
• T. P. Sajan

Case Synopsis & Summary

The High Court of Kerala at Ernakulam delivered a consolidated judgment on 15 January 2020 in five contempt petitions (Con.Cases 506/2016, 1776/2016, 655/2016, 2002/2017, 507/2017) arising from writ petitions challenging non‑compliance by KSRTC (and its officials) with earlier Kerala High Court orders regarding pension and service counting for retirement benefits. The petitions, filed by KSRTC employees and retirees, were heard along with related Contemn. cases, with counsel for petitioners repeatedly arguing that pension eligibility hinged on counting service prior to regularisation and that the Corporation had previously implemented pension up to 2009 while some interveners disputed on facts. The Court noted that the Supreme Court had stayed further contempt proceedings in these matters and had directed KSRTC to file affidavits addressing financial implications if the impugned judgment were implemented, and to consider the case of two ex-servicemen for counting service prior to regularisation. In light of the stay, the High Court closed the contempt petitions with liberty for the petitioners to move afresh depending on the outcome of the appeals filed in the Supreme Court. The bench comprised Chief Justice S. Manikumar and Justice Shaji P. Chaly.”,

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submitted that contempt proceedings were warranted for non‑compliance with earlier writ judgments, particularly on counting service prior to regularisation for pension eligibility. They asserted that the KSRTC had previously implemented the pension scheme up to 2009 and that objections on facts by individual intervenors should be resolved in accordance with the High Court’s judgments allowing pension and service counting. They urged the Court to ensure compliance with the earlier directions and to quantify any financial implications if the impugned judgments were to be implemented.

Contentions of Respondents

The respondents argued that a stay granted by the Supreme Court in contempt proceedings of Kerala High Court matters should be respected. They pointed to the Supreme Court’s order directing stay of further contempt actions, pending financial affidavit submissions, and consideration of specific issues (e.g., counting service for two ex‑servicemen). They contended that the petitions should be treated in light of the stay and the appeals before the Supreme Court, and that no further contempt actions should proceed until further orders.

Cited Precedents (6)

Case Name	Citation	Treatment	Explanation
Kerala State Road Transport Corporation v. Rajagopalan Nair & Others	SLP (C) Nos.252/2015 and 25276/2015	Positive	The Supreme Court stay order directed the filing of affidavits addressing financial implications and consideration of particular cases; the High Court acted in reliance on this order in closing the contempt petitions.
Judgment in WPC 21981/2015	WPC 21981/2015	Mentioned Only	Referenced as a prior High Court judgment in the matter; not discussed for its ruling within the text provided.
Judgment in WPC 11550/2010	WPC 11550/2010	Mentioned Only	Cited as part of the background record of related writ petitions; no explicit treatment in the current order.
Judgment in WPC 8539/2015	WPC 8539/2015	Mentioned Only	Cited among related judgments; no direct analysis in the order excerpt.
Judgment in WPC 14438/2014	WPC 14438/2014	Mentioned Only	Likely referenced for context in the array of contempt petitions; no treatment analysis provided.
Judgment in WPC 27937/2015	WPC 27937/2015	Mentioned Only	Listed among the linked contempt petitions; no explicit treatment in the text excerpt.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941 Con.Case(C).No.506 OF 2016(S) IN WP(C). 21981/2015 (JUDGMENT IN WPC 21981/2015 OF HIGH COURT OF KERALA DT.22.7.15)** ## **PETITIONERS/WRIT PETITIONERS:** **1 M/MOHAMMED MUSTHAFA, AGED 56 YEARS S/O.MUTHU RAWHTER, DRIVER GRADE II (RETD.) KSRTC, PALAKKAD AND RESIDING AT MADEENA MANZIL, 35/209, PALAYAM, THIRUNALAI P.O., PALAKKAD 678 004.** **2 GOPALAKRISHNAN.D, AGED 56 YEARS S/O.K.DAMODARAN, DRIVER GRADE II (RETD.) KSRTC, VADAKKANCHERY AND RESIDING AT PUZHAKKAL VEEDU, MOZHIPURAM, THIRUNALAI P.O., PALAKKAD 678 004.** **BY ADV. SRI.N.UNNIKRISHNAN** ## **RESPONDENT/RESPONDENT 2 IN WPC:** **ANTONY CHACKO, S/O.M.A.CHACKO, RESIDING AT ETTUKKETTIL HOUSE, CHATHANAD P.O., ALAPPUZHA DISTRICT AND WORKING AS CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695 023.** ## **SRI.M.GOPIKRISHNAN NAMBIAR, SC FOR RESPONDENT** **THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2020, ALONG WITH Con.Case(C).1776/2016(S), Con.Case(C).655/2016(S), Con.Case(C).2002/2017(S), Con.Case(C).507/2017(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** Con.Case(C)Nos.506/2016, 1776/2016, 655/2016, 2002/2017 & 507/2017 : 2 : ## IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941 Con.Case(C).No.1776 OF 2016 IN WP(C). 11550/2010 JUDGMENT IN WPC 11550/2010 DATED 02-06-2015 OF HIGH COURT OF KERALA ## PETITIONER: P SASIDHARA KURUP AGED 68 YEARS, S/O. GOPALA KURUP, (RETIRED MECHANIC, KSRTC), RESIDING AT CHOORILETH HOUSE, PANNIVIZHA, ANANDAPALLY P.O., ADOOR, PATHANAMTHITTA DISTRICT-691525. ## BY ADV. SRI.MANU RAMACHANDRAN ## RESPONDENT/RESPONDENT: M.G RAJAMANIKYAM MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. ## **SRI.M.GOPIKRISHNAN NAMBIAR, SC FOR RESPONDENT** THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2020, ALONG WITH Con.Case(C).506/2016(S), Con.Case(C).655/2016(S), Con.Case(C).2002/2017(S), Con.Case(C).507/2017(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941 ## Con.Case(C).No.655 OF 2016 IN WP(C). 8539/2015 (JUDGMENT IN WPC 8539/2015 DATED 18-03-2015 OF HIGH COURT OF KERALA ## PETITIONERS/WRIT PETITIONERS 6 & 7: |1|G.SUDHAKARAN NAIR, S/O. GANGADHARAN PILLAI,| |---|---| ||AGED 59 YEARS, CONDUCTOR GRADE-II (RETD),| ||KSRTC, VIKAS BHAVAN DEPOT, THIRUVANANTHAPURAM,| ||RESIDING AT SREEGANGA NILAYAM, KODOOR, VENCODE,| ||VENCODE P.O,THIRUVANANTHAPURAM-695 028.| |2|P.M. MOHANAN, S/O.K. PADMANABHAN,AGED 58 YEARS,| ||CONDUCTOR GRADE-II (RETD) KSRTC,| ||VELLANADU DEPOT AND RESIDING AT BHAGAVATHY VILASAM| ||PUTHEN VEEDU, KULAKKODE VELLANADU P.O.| ||THIRUVANANTHAPURAM-695 543.| BY ADV. SRI.N.UNNIKRISHNAN ## RESPONDENT/RESPONDENT IN THE WPC: SHRI ANTONY CHACKO S/O.M.A. CHACKO, AGED 53 YEARS, RESIDING AT ETTUKETTIL HOUSE, CHATHANAD P.O., ALAPPUZHA DISTRICT AND WORKING AS CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023 ## **SRI.M.GOPIKRISHNAN NAMBIAR, SC FOR RESPONDENT** THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2020, ALONG WITH Con.Case(C).1776/2016(S), Con.Case(C).506/2016(S), Con.Case(C).2002/2017(S), Con.Case(C).507/2017(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941 Con.Case(C).No.2002 OF 2017 IN WP(C). 14438/2014 (JUDGMENT IN WPC 14438/2014 DATED 07-04-2015 OF HIGH COURT OF KERALA) ## PETITIONERS/PETITIONERS 1, 4 AND 6 IN WPC: 1 BENNY THOMAS, AGED 56, S/O. THOMAS, DRIVER (RTD), K.S.R.T.C, ERATTUPETTA, R/O. PUTHUR HOUSE, CHENAD P.O. KOTTAYAM-686 581. 2 K. R. RADHAKRISHNAN NAIR AGED 57, S/O. RAJASHEKARAN NAIR, DRIVER (RTD), K.S.R.T.C, ERATTUPETTA, R/O. KANDATHIL HOUSE, ANTHINADU P.O., PALA. 3 V. LATHEEF, AGED 55, S/O. JABBAR, DRIVER, K. S. R. T. C., PONKUNNAM, R/O. NELLIMALAPUTHUPARAMPIL HOUSE, ANAKKALLU P.O., KANJARAPLLY-686 508. BY ADVS. SRI.VIJU ABRAHAM SRI.ALBERT V.JOHN SRI.T.P.BABY SMT.ROSHNI MANUEL ## RESPONDENT/1ST RESPONDENT IN WPC: A.HEMACHANDRAN IPS AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONERS, MANAGING DIRECTOR - K. S. R. T. C., THIRUVANANTHAPURAM-695 023. ## SRI.T.P.SAJAN, SC FOR RESPONDENT THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2020, ALONG WITH Con.Case(C).1776/2016(S), Con.Case(C).506/2016(S), Con.Case(C).655/2016(S), Con.Case(C).507/2017(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941 ## Con.Case(C).No.507 OF 2017 IN WP(C). 27937/2015 (JUDGMENT IN WPC 27937/2015 DATED 16-09-2015 OF HIGH COURT OF KERALA) ## PETITIONER: D.DEVARAJAN, AGED 57 YEARS S/O DAMODARAN, VISHNU NIVAS, KUTTIKKADU LANE, PAPPANAMKODE P.O,THIRUVANANTHAPURAM BY ADVS. SRI.D.SAJEEV SMT.LIGEY ANTONY ## RESPONDENTS/RESPONDENTS: 1 M.G.RAJAMANICKAM, AGED ABOUT 50 YEARS, CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 001 2 K.M.SREEKUMAR AGED ABOUT 50 YEARS,SON OF NOY KNOWN TO THE PETITIONER, EXECUTIVE DIRECTOR (ADMINISTRATION), THE KERALA ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 001 ## SRI.T.P.SAJAN, SC FOR RESPONDENT THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2020, ALONG WITH Con.Case(C).1776/2016(S), Con.Case(C).506/2016(S), Con.Case(C).655/2016(S), Con.Case(C).2002/2017(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Con.Case(C)Nos.506/2016, 1776/2016, 655/2016, 2002/2017 & 507/2017 : 6 : ## **JUDGMENT** [ Con.Case(C).506/2016, Con.Case(C).1776/2016, Con.Case(C).655/2016, Con.Case(C).2002/2017, Con.Case(C).507/2017 ] ## **Dated this the 15th day of January 2020** ## **S.MANIKUMAR, C.J.** Earlier when these contempt petitions were moved, submissions have been made on behalf of the respondents that Special Leave Petition is preferred against the common judgment of the Larger Bench before the Supreme Court and that orders are awaited. 2. Learned Standing Counsel appearing for the respondent submitted that the Honourable Supreme Court has granted stay of further proceedings in contempt cases filed before the High Court of Kerala, which reads as under: “SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).252 25276/2015 KERALA STATE ROAD TRANSPORT CORPORATION Petitioner(s) v M.RAJAGOPALAN NAIR & OTHERS Respondent(s) Con.Case(C)Nos.506/2016, 1776/2016, 655/2016, 2002/2017 & 507/2017 : 7 : ## **ORDER** The learned counsel appearing for the workmen submit that essentially, the issue is with regard to counting of the service prior to regularisation for making them eligible to draw minimum pension. It is also submitted that the case pertains to only very few workman. It is further submitted that the Corporation had, in fact, implemented the pension scheme upto 2009. Some of the individual interveners have different grievances on facts. We direct the petitioners to:(i) file a statement as to what will be the financial implication in case the impugned judgment is implemented. (ii) to consider the case of two workmen, who are exservicemen, for counting their service prior to regularisation since they have been recruited through DSS & A Board. An affidavit in the above terms shall be filed by the petitioner within three weeks from today. List on 4.12.2018 on top of the list. IA No. 13519/2018, IA No.135204/2018, IA No. 135236/2018, IA No. 135232/2018, IA No.135226/2018 As an interim measure, it is directed that there shall be stay of further proceedings in the contempt case(s) filed before the High Court of Kerala at Ernakulam.” Con.Case(C)Nos.506/2016, 1776/2016, 655/2016, 2002/2017 & 507/2017 : 8 : Having taken note of the orders of the Supreme Court, these contempt petitions are closed granting liberty to the petitioners to move afresh depending upon the outcome of the appeals filed in the Supreme Court. SD/- **S.MANIKUMAR CHIEF JUSTICE** SD/- **SHAJI P. CHALY JUDGE** jes