Kerala High Court
Anandavalli.S vs Dr.K.Sivan on 9 January, 2020
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 9TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941
Con.Case(C).No.2365 OF 2019 IN OP (CAT). 169/2017
AGAINST THE JUDGMENT IN OP (CAT) 169/2017(Z) OF HIGH COURT
OF KERALA DATED 23.5.2019
PETITIONERS/PETITIONERS IN OP(CAT):
1 ANANDAVALLI.S
AGED 64 YEARS
D/O.NEELAKANTA PILLAI N. (LATE),
PERSONAL SECRETARY (RETD),
SEIG/MVIT/VSSC,VALIAMALA COMPLEX,
VALIAMAL P.O.,THIRUVANANTHAPURAM-695 547,
RESIDING AT NANDANAM, TC 17/625(1),
PRA-128, PATHIRAPPALLY LANE,
POOJAPPURA P.O,THIRUVANANTHAPURAM -695 012.
2 SUBHADRAMMA P.T,
AGED 60 YEARS
D/O.PARAMESWARAN THAMPI A.(LATE),
PROJECT PERSONAL SECRETARY, HRDD/MSA,
VSSC,ISRO P.O, THIRUVANANTHAPURAM-695 022,
RESIDING AT THIRUVONAM, ARA-40,
WEST SIDE OF CHACKAI RAILWAY BRIDGE,
BEACH P.O, THIRUVANANTHAPURAM 695 007.
3 AMBUJAKSHI V,
AGED 65 YEARS
D/O.APPUKUTTY NAIR M.(LATE),
PROJECT PERSONAL SECRETARY (RETD),
CONSTRUCTION AND MAINTENANCE GROUP,
VSSC,ISRO P.O, THIRUVANANTHAPURAM -695
022,RESIDING AT MAYOOKHAM, 28TH MILE,
VETTIYARA P.O, NAVAIKULAM,
THIRUVANANTHAPURAM 695 603.
Cont. Case(C).2365/2019
2
4 SARASAMMA P.N,
AGED 64 YEARS,D/O.NANU P.K. (LATE),
PROJECT PERSONAL SECRETARY (RETD.),
LSMD/SMG, VSSC, ISRO P.O,
THIRUVANANTHAPURAM-695 022,
RESIDING AT PUTHUPALLY LANE,
PRA-17, MEDICAL COLLEGE PO,
THIRUVANANTHAPURAM 695 011.
5 SREEKUMARI AMMA.P.P,
AGED 65 YEARS,
D/O.DAMODARAN NAIR G. (LATE)
PROJECT PERSONAL SECRETARY (RETD.),
PCM/VSSC, ISRO P.O,
THIRUVANANTHAPURAM-695 022,
RESIDING AT GOKULAM, KALLAMPALLY,
MAVARTHALAKONAM, MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM 695 011.
6 SATHI V,
AGED 65 YEARS
D/O.CHELLAPPAN. G(LATE),
PROJECT PERSONAL SECRETARY (RETD.),
QRPG/SR, VSSC, ISRO P.O,
THIRUVANANTHAPURAM -695 022,
RESIDING AT TC 5/259(4), INDIRA NAGAR,
PERORKADA,THIRUVANANTHAPURAM 695 005.
7 VASANTHA KUMARI B,
AGED 66 YEARS
D/O.VELAYUDHAN NAIR K. (LATE),
PERSONAL SECRETARY (RETD.),
PPEG/MSA, VSSC,ISRO P.O,
THIRUVANANTHAPURAM -695 022,
RESIDING AT SOUPARNIKA, RAMAPURAM,
THANNIMOODU PO, THIRUVANANTHAPURAM-695 123.
8 PARVATHY J, AGED 55 YEARS,
D/O.CHIDAMBARAKRISHNAN T. (LATE)
PERSONAL SECRETARY, AERO/PPEG, VSSC,
ISRO P.O,THIRUVANANTHAPURAM-695 022,
RESIDING AT DNRA 23-D, DEVI NAGAR, KALADY,
KARAMANA P.O,THIRUVANANTHAPURAM 695 002.
Cont. Case(C).2365/2019
3
9 CHANDRASEKHARAN NAIR V,
AGED 62 YEARS, S/O.VELAYUDHAN PILLAI K,
PERSONAL SECRETARY (RETD.), TRANSPORT
OPERATION AND MAINTENANCE DIVISION, VSSC,
ISRO P.O.,THIRUVANANTHAPURAM -695 022,
RESIDING AT ASWATHI,SKYLARK GARDENS, PIDARAM,
PERUKAVU P.O,THIRUVANANTHAPURAM 695 573.
10 SUDHAKARAN NAIR A,
AGED 63 YEARS,
S/O.APPUKUTTAN NAIR C. (LATE),
ACCOUNTS OFFICER (RETD.),
ACCTS/PRSO, VSSC,ISRO P.O,
THIRUVANANTHAPURAM-695 022,
RESIDING AT THIRUVONAM, ARA-40,
WEST SIDE OF CHACKAI RAILWAY BRIDGE,
BEACH PO, THIRUVANANTHAPURAM 695007.
11 CHANDRIKA DEVI R,
AGED 66 YEARS, D/O.APPUKUTTAN NAIR P.(LATE),
PERSONAL SECRETARY (RETD), QMPG, MVIT,
VALIAMALA, THIRUVANANTHAPURAM-695 547,
RESIDING AT 509, SANGEETH NAGAR,
THYCAUD,THIRUVANANTHAPURAM 695 014.
12 AMBIKA V.K,
AGED 58 YEARS
D/O.KRISHNAN VR (LATE),
SENIOR PERSONAL SECRETARY, CMSE,
VSSC,VATTIYOORKAVU P.O,
THIRUVANANTHAPURAM-695013,
RESIDING AT TC 22/1855, PURA-98,
PUTHOORKONAM, MANIKANTESWARAM PO,
THIRUVANANTHAPURAM 695 013.
13 GEORGE P.P,
AGED 61 YEARS, S/O.PAULSE P.V.,
SENIOR PERSONAL SECRETARY,
DIRECTOR'S OFFICE,VSSC, ISRO P.O,
THIRUVANANTHAPURAM -695 022,
RESIDING AT TC 9/427, CHENTHI,
PONGUMMOODU, MEDICAL COLLEGE PO,
THIRUVANANTHAPURAM 695 011
Cont. Case(C).2365/2019
4
14 PUSHKALA.L,
AGED 60 YEARS, D/O.SUBRAMONIA IYER (LATE),
PERSONAL SECRETARY, STR, VSSC, ISRO P.O,
THIRUVANANTHAPURAM-695 022,
RESIDING AT S.P. 16/236, ABHILASH,
KATTIL LANE, KARIYAM, SREEKARIYAM
P.O.,THIRUVANANTHAPURAM 695 017.
15 GOPALAKRISHNAN S,
AGED 66 YEARS
S/O.SREEDHARAN NAIR K.N.(LATE),
PROJECT PERSONAL SECRETARY (RETD.),
LMIG/MVIT, VSSC, VALIAMALA COMPLEX,
VALIAMALA PO, THIRUVANANTHAPURAM-695 547,
RESIDING AT TC 2/3093 (1), PLRA-79,
PANACHAMOODU LANE, PATTOM P.O.,
THIRUVANANTHAPURAM 695 004.
16 VISWANATHAN S,
AGED 65 YEARS
S/O.N.SUBRAMANIA IYER (LATE),
PROJECT PERSONAL SECRETARY (RETD.),
MVIT PURCHASE, VSSC,
VALIAMALA P.O,
THIRUVANANTHAPURAM-695 547,
RESIDING AT FLAT NO.B 113,
SWATHI NAGAR WEST FORT,
THIRUVANANTHAPURAM 695 023.
BY ADVS.
SRI.N.KRISHNA PRASAD
SRI.IMAM GRIGORIOS KARAT
RESPONDENTS/RESPOONDENTS:
1 DR.K.SIVAN,
AGED ABOUT 60 YEARS,
EMPLOYED AS SECRETARY,
DEPARTMENT OF SPACE,
GOVERNMENT OF INDIA,
ANTARIKSH BHAVAN,
NEW BEL ROAD,
BANGALORE-560 231.
Cont. Case(C).2365/2019
5
2 DR. SOMANATH,
AGED 58 YEARS
EMPLOYED AS DIRECTOR,
VIKRAM SARABHAI SPACE CENTRE,
VSSC, ISRO (PO), TRIVANDRUM-695 022.
R1-2 BY SRI.T.V.VINU, CGC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 09.01.2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Cont. Case(C).2365/2019
6
JUDGMENT
Dated this the 9th day of January 2020 S. Manikumar, CJ On the last occasion representation was made that judgment in O.P(CAT) No.169 of 2017 dated 23.5.2019 has been complied with, except in the case of petitioner No.10.
We granted time for filing compliance report.
2. On this day, a compliance report has been filed and paragraphs 7 and 8 thereof reads thus:
"7. Accordingly, the respondent Centre has revised the pay of the petitioners by assigning the Non- Functional Selection Grade to the Grade Pay of Rs.5400/- in pay Band-3 (Rs.15600-39100/-) with effect from the dates on which the petitioners had completed four years in the Grade Pay of Rs.4800/- in PB-2. Office orders issued by VSSC revising the pay of the petitioners herein except petitioner No.10 (who retired from service while serving at ISRO Headquarters, Bengaluru) are produced herewith and marked as Annexures-R1(a) to R1(o). The cheque towards arrears of pay & allowances of the petitioners, after making recovery of subscription towards Contributory Health Service Scheme (CHSS) in respect of the retired employees and also recovery towards CHSS subscription and Income Cont. Case(C).2365/2019 7 Tax for serving employees of the petitioners, was handed over to the bank authorities on 2.1.2020 for crediting in the bank account of the respective personnel. It is submitted that there is revision in pension in respect of nine petitioners herein on account of the revision of their pay, who retired from service prior to 01.01.2016, i.e., the date of implementation of the recommendations of 7 th Central Pay Commission. A copy of each of the revised pension calculation statements in respect of the said nine petitioners, viz., petitioner Nos.1,3,4,5,6,7,11,15 & 16, is produced herewith and marked as Annexure-R1(p) to Annexure-R1(x).
The pay at the time of retirement in respect of petitioner Nos.2, 8, 10 & 11 remains the same and hence they are not eligible for revision of pension. Thus, action has already been taken by the Centre to revise the pension of the eligible petitioners and they will receive the benefit of revised pension, once the modifications are carried out in the PPO by the Central Pension Accounting Office (CPAO), New Delhi. However, cheque towards arrears of pensionary benefits, such as difference of pension commutation, EL encashment and retirement gratuity was handed over to the bank authorities on 2.1.2020 for crediting the amount in the bank account of the respective personnel. It is respectfully submitted that the petitioner No,10 retired from service from ISRO Headquarters, Bengaluru, and his case is being processed separately by ISRO Headquarters for revision of Cont. Case(C).2365/2019 8 pay/pension in compliance with the annuxure-A1 judgment dated 23.5.2019 of this Hon'ble Court, and he will also receive the arrears towards pay/pension.
8. As such, the judgment dated 23.5.2019 of this Hon'ble Court in OP(CAT). No.169/2017 has already been complied with by the Department by revising the pay/pension of the petitioners. No further action is pending at the end of the respondents. The fixation of pay in respect of petitioners except petitioner No.10 has already been effected and action has been taken to credit the monetary benefit in the bank account. The arrears in respect of petitioner No.10 will also be released immediately."
Recording the above, there is no need to retain the contempt petition. Accordingly, the same is closed.
Sd/-
S. Manikumar, Chief Justice Sd/-
Shaji P. Chaly, Judge sou.
Cont. Case(C).2365/2019 9 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 23.5.2019 IN OP(CAT) 169 OF 2017 ANNEXURE A2 TRUE COPY OF THE REMINDER SENT BY PETITIONER NO 1 DATED 16.8.2019 ANNEXURE R1(A) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/VS20314 DATED 30.12.2019 ISSUED IN RESPECT OF THE 2ND PETITIONER.
ANNEXURE R1(B) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/VS26769 DATED 30.12.2019 ISSUED IN RESPECT OF THE 1ST PETITIONER.
ANNEXURE R1(C) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/VS20280 DATED 30.12.2019 ISSUED IN RESPECT OF THE 3RD PETITIONER.
ANNEXURE R1(D) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/VS26855 DATED 30.12.2019 ISSUED IN RESPECT OF THE 4TH PETITIONER.
ANNEXURE R1(E) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/VS16132 DATED 30.12.2019 ISSUED IN RESPECT OF THE 5TH PETITIONER.
ANNEXURE R1(F) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/26699 DATED 30.12.2019 ISSUED IN RESPECT OF THE 6TH PETITIONER.
ANNEXURE R1(G) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/VS28127 DATED 30.12.2019 ISSUED IN RESPECT OF THE 7TH PETITIONER.
Cont. Case(C).2365/2019 10 ANNEXURE R1(H) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/F/1(9) DATED 30.12.19 ISSUED IN RESPECT OF THE 8TH PETITIONER.
ANNEXURE R1(I) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/21055 DATED 30.12.2019 ISSUED IN RESPECT OF THE 9TH PETITIONER.
ANNEXURE R1(J) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/21058 DATED 30.12.2019 ISSUED IN RESPECT OF THE 11TH PETITIONER.
ANNEXURE R1(K) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/F/1(9) DATED 30.12.2019 ISSUED IN RESPECT OF THE 12TH PETITIONER.
ANNEXURE R1(L) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/VS21807 DATED 30.12.2019 ISSUED IN RESPECT OF THE 13TH PETITIONER.
ANNEXURE R1(M) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/VS24582 DATED 30.12.2019 ISSUED IN RESPECT OF THE 14TH PETITIONER.
ANNEXURE R1(N) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/VS21783 DATED 30.12.2019 ISSUED IN RESPECT OF THE 15TH PETITIONER.
ANNEXURE R1(O) TRUE COPY OF THE OFFICE ORDER No.VSSC/EST/E-PEN/VS28150 DATED 30.12.2019 ISSUED IN RESPECT OF THE 16TH PETITIONER.
ANNEXURE R1(P) TRUE COPY OF THE REVISED PENSION CALCULATION STATEMETN IN RESPECT OF THE 1ST PETITIONER.
Cont. Case(C).2365/2019 11 ANNEXURE R1(Q) TRUE COPY OF THE REVISED PENSION CALCULATION STATEMETN IN RESPECT OF THE 3RD PETITIONER.
ANNEXURE R1(R) TRUE COPY OF THE REVISED PENSION CALCULATION STATEMETN IN RESPECT OF THE 4TH PETITIONER.
ANNEXURE R1(S) TRUE COPY OF THE REVISED PENSION CALCULATION STATEMETN IN RESPECT OF THE 5TH PETITIONER.
ANNEXURE R1(T) TRUE COPY OF THE REVISED PENSION CALCULATION STATEMETN IN RESPECT OF THE 6TH PETITIONER.
ANNEXURE R1(U) TRUE COPY OF THE REVISED PENSION CALCULATION STATEMETN IN RESPECT OF THE 7TH PETITIONER.
ANNEXURE R1(V) TRUE COPY OF THE REVISED PENSION CALCULATION STATEMETN IN RESPECT OF THE 11TH PETITIONER.
ANNEXURE R1(W) TRUE COPY OF THE REVISED PENSION CALCULATION STATEMETN IN RESPECT OF THE 15TH PETITIONER.
ANNEXURE R1(X) TRUE COPY OF THE REVISED PENSION CALCULATION STATEMETN IN RESPECT OF THE 16TH PETITIONER.