Kerala High Court
Surendran C vs Shri Sidhartha Varma on 29 October, 2025
CON.CASE(C) NO. 1361 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE P. V. BALAKRISHNAN
WEDNESDAY, THE 29TH DAY OF OCTOBER 2025 / 7TH KARTHIKA, 1947
CON.CASE(C) NO. 1361 OF 2025
AGAINST THE JUDGMENT DATED 28.01.2025 IN OP (CAT) NO.172 OF 2017 OF HIGH COURT OF
KERALA
PETITIONER/S:
SURENDRAN C, AGED 69 YEARS
S/O BHASKARAN NAMBIAR RETD. LOCO PIOLET, SHUNTING GRADE II,
MANGALAPURAM, RESIDING AT DEVI NIVAS CHODOTHIL HOUSE, CHALAD, KANNUR,
PIN - 670014
BY ADV SHRI.U.BALAGANGADHARAN
RESPONDENT/S:
SHRI SIDHARTHA VARMA, (AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER) SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY,
PALAKKAD DIVISION, PALAKKAD, PIN - 678002
BY ADV SRI.T.V.VINU CGC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING RESERVED ON 27.10.2025, THE COURT ON
29.10.2025 DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 1361 OF 2025
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JUDGMENT
Sushrut Arvind Dharmadhikari, J.
The present Contempt Case, filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution of India, alleging willful disobedience and non-compliance with the judgment dated 28.01.2025 passed in O.P.(CAT) No. 172 of 2017, whereby the order dated 06.01.2017 passed by the Central Administrative Tribunal, Ernakulam Bench, in O.A. No. 805 of 2013, was set aside. While disposing of the Original Petition, this Court issued the following directions:
"8. On meticulous examination of the findings of the tribunal, all the aforesaid factors have not been addressed by the tribunal. If at all it was a case of third promotion, nothing prevented the Union of India to place on record the order dated 26.02.2002 alleged to be a promotional post from the Senior Diesel Assistant to Loco Pilot (Shunting Grade II) carrying the same pay scale. Accordingly, we set aside the order of the tribunal, allow the O.A. and quash the order dated 05.06.2013 withdrawing the MACP Scheme amounting to Rs.94,257/- (Rupees Ninety-four thousand two hundred and fifty-seven only). The respondents are directed to credit the aforementioned amount in the account of the petitioner within CON.CASE(C) NO. 1361 OF 2025 3 2025:KER:80870 a period of one month from the date of receipt of the certified copy of the judgment.
O.P.(CAT) stands allowed."
2. The learned counsel for the petitioner contended that the directions contained in paragraph 8 have not been complied with, and that other retiral benefits have also not been paid. Therefore, the respondent has committed willful disobedience of the directions passed by this Court.
3. Per contra, the learned counsel appearing for the respondent submitted that the directions contained in paragraph 8, reproduced hereinabove, allowed Original Application No. 805 of 2013 and quashed the order dated 05.06.2013, by which the Modified Assured Career Progression (MACP) Scheme benefit amounting to ₹94,257/- had been withdrawn. This Court had directed the respondent to credit the aforesaid amount to the account of the petitioner within a period of one month from the date of receipt of the certified copy of the judgment.
3.1 The learned counsel for the respondent has filed an additional affidavit clearly stating that an amount of Rs.94,257/- has been credited CON.CASE(C) NO. 1361 OF 2025 4 2025:KER:80870 to the petitioner's bank account on 30.06.2025, vide Cheque No. 0605250111 dated 30.06.2025. Based on the revised pay fixation, the consequential pensionary benefits have also been recalculated for the period from 01.07.2013 to 31.08.2025. The Pension Section has prepared a detailed revised pension calculation sheet covering pension, family pension, retirement gratuity, and leave encashment, along with the arrears payable. The pay of the petitioner has been revised by granting the third financial upgradation under the MACP Scheme with effect from 01.09.2008, and the arrears thereof have also been paid. The revised Pension Payment Order (PPO) was issued on 16.10.2025, and all other benefits have already been disbursed to the petitioner. In view of the above, no willful disobedience can be attributed to the respondent, and this contempt case is liable to be closed, the order having been duly complied with.
4. Heard Mr U Balagangadharan learned Counsel for the petitioner and Mr T.V. Vinu learned Central Government Counsel for the respondent.
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5. On a perusal of the additional affidavit filed by the respondent, wherein a specific statement has been made regarding the payment of ₹94,257/- into the petitioner's bank account, and in the absence of any other directions issued while disposing of the O.P.(CAT), we do not find any willful disobedience on the part of the respondent so as to call for initiation of contempt proceedings. The directions stand fully complied with, and no case of willful disobedience is made out. Accordingly, the contempt petition is closed. The Rule Nisi issued against the respondent stands discharged. However, if any grievance still survives, the petitioner shall be at liberty to approach the appropriate forum for redressal of the same.
Accordingly, the contempt case stands closed.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI JUDGE Sd/-
P. V. BALAKRISHNAN JUDGE jjj CON.CASE(C) NO. 1361 OF 2025 6 2025:KER:80870 APPENDIX OF CON.CASE(C) 1361/2025 PETITIONER ANNEXURES Annexure A1 A CERTIFIED COPY OF THE JUDGMENT DATED 28.1.2025 OF THIS HON'BLE COURT IN OP [ CAT] NO 172/2017 Annexure A2 A COPY OF THE COVERING LETTER DATED 26.3.2025 SUPPLYING A COPY OF THE JUDGMENT RESPONDENT ANNEXURES Annexure R1(a) True copy of the relevent page of the service register of the petitioner Annexure R1(b) True copy of the No.J/P.524N/PR/Vol.V dt. 13.10.2025 has been issued in which Applicant pay revised duly giving third financial upgradation under MACP w.e.f. 0 I. 09 .2008 Annexure R1(c) True copy of the PPO No:201370~0~00~64. dated 16.10.2025 issued by the respondent Annexure R1(d) True copy of the Letter of Authority No:P.500/PGT/P/23185 dated 16.10.2025 issued by the respondent