Kerala High Court
Dr.T.Surendran vs Dr.Suresh Das
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 23RD DAY OF JANUARY 2017/3RD MAGHA, 1938
Con.Case(C).No. 359 of 2016 (S)
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JUDGMENT DATED 12-11-2014 IN WP(C) 2241/2012
.....
PETITIONER(S)/PETITIONERS 1, 8, 10 & 16 IN WPC.NO.2241/2012:
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1. DR.T.SURENDRAN, AGED 64 YEARS,
S/O.K.V.ANANDANN NAIR, SCIENTIST-F, HEAD,
TREE PHYSIOLOGY DEPARTMENT, KERALA FOREST RESEARCH
INSTITUTE, PEECHI-680 653, THRISSUR.
2. DR.K.SWARUPANANDAN, AGED 63 YEARS,
S/O.K.LAKSHMANAN, SCIENTIST-F,
RESEARCH CO ORDINATOR, KERALA FOREST RESEARCH
INSTITUTE, PEECHI-680 653, THRISSUR.
3. DR.V.V.SUDHEENDRAKUMAR, AGED 62 YEARS,
S/O.T.K.BALANPANICKER, SCIENTIST-F,
FOREST HEALTH DIVISION, KERALA FOREST RESEARCH
INSTITUTE, PEECHI-680 653, THRISSUR.
4. DR.E.J.MARIA FLORENCE, AGED 62 YEARS,
W/O.CHAKKUNNY, SCIENTIST-F, HEAD,
FOREST PATHOLOGY DEPARTMENT,
KERALA FOREST RESEARCH INSTITUTE,
PEECHI-680 653, THRISSUR.
BY ADVS.SRI.THAMPAN THOMAS
SRI.B.V.JOY SANKER
SRI.SHAFFIE THOMAS
SMT.HENA BAHULEYAN
RESPONDENT(S)/RESPONDENTS 1 TO 3 IN WPC.NO.2241/2012:
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1. DR.SURESH DAS, AGED ABOUT 52 YEARS,
EXECUTIVE VICE PRESIDENT, KERALA STATE COUNCIL
FOR SCIENCE, TECHNOLOGY & ENVIRONMENT,
SASTHA BHAVAN, THIRUVANANTHAPURAM - 695 004.
msv/
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Con.Case(C).No. 359 of 2016 (S)
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* 2. (DR. GEORGE VARGHESE,AGED ABOUT 58 YEARS) (DELETED)
THE MEMBER SECRETARY, KERALA STATE COUNCIL FOR
SCIENCE, TECHNOLOGY & ENVIRONMENT, SASTHRA BHAVAN,
PATTOM, THIRUVANANTHAPURAM-695 004.
3. DR. T.K. DAMODARAN, AGED ABOUT 55 YEARS,
S/O.KESAVAN ELAYATH, KERALA FOREST RESEARCH
INSTITUTE, PEECHI, THRISSUR, PIN - 680 653.
* DR.GEORGE VARGHESE DELETED AND SUBSTITUTE
S.PRADEEP KUMAR, AGED 52 YEARS FROM THE
PARTY ARRAY AS PER ORDER DTD.6.10.2016 IN
IA.474/2016 IN COC.359/2016.
R1 & R2 BY ADV. SRI.GEORGE ZACHARIAH,SC,KSCSTE
R3 BY ADV. SRI.S.M.PREM
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY
HEARD ON 23-01-2017, ALONG WITH COC. 1852/2016 &
COC. 1853/2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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Con.Case(C).No. 359 of 2016 (S)
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APPENDIX
PETITIONER(S)' ANNEXURES
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ANNEXURE A1 TRUE COPY OF THE JUDGMENT DTD.12.11.2014 PASSED
BY THIS HON'BLE COURT IN WPC.2241/2012
RESPONDENT(S)' ANNEXURE
----------------------- NIL
//TRUE COPY//
P.S.TO JUDGE
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ALEXANDER THOMAS, J.
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Contempt of Court Case (Civil) Nos.
359, 1852 & 1853 of 2016
Dated==================2017
this the 23rd day of January,
J U D G M E N T
The aforecaptioned Contempt Petitions have been instituted alleging non-compliance of the directions issued by this Court as per Anx.A-1 common judgment dated 12.11.2014 passed by this Court in W.P.(C).No.2241/2012 and connected matters. The said Anx.A-1 was affirmed by the Division Bench as per judgment dated 1.10.2015 of the Division Bench in Writ Appeal Nos.1992/2014 and connected cases. Thereafter, Review Petition, as R.P.No1213/2015, filed by the 1st respondent herein (Kerala State Council for Science, Technology & Environment) was also dismissed by the Division Bench as per the judgment dated 20.11.2015. Not satisfied with these verdicts passed in favour of the petitioners, the 1st respondent herein had preferred Special Leave Petition before the Apex Court, which was dismissed as per order da1ed 11.11.2016, in S.L.P(C). No.20837/2016. However, the Apex Court had granted 6 months' time from 6.11.2016 to the respondents to clear off the dues on account of the abovesaid judgment.
2. Various orders have been passed in these contempt C.O.C.359/16 etc. - : 2 :-
matters. On 19.12.2016, an order was passed in these contempt matters by this Court, which reads as follows:
'Sri.S.M.Prem, learned Standing Counsel for the Kerala Forest Research Institute, submitted on the basis of instructions furnished by that institution as follows:
"KFRI has already half the amount required for payment; if the our apex body, the KSCSTE permits us to pay, this amount can be readily paid. For the remaining amount, we will request the Council/Government for an additional/Supplementary Non-Plan Grant. We can pay the remaining half portion once the requested additional grant is released. If this is not getting worked, the Institute may be permitted by the Council to utilize a portion of the already released Non-Plan Grant for the payment of the remaining second half of the full amount and interest due to the petitioners. For both payments, the court may get an assurance from the Council that they will permit the Institute for the same."
Further it is submitted by the learned Standing Counsel for the KFRI on the basis of instructions that Anx.A-1 judgment has clearly directed payment of interest @ 10% effective from 2 months from the respective retirement of each of the petitioners up to the date of actual payment and it is therefore only in the interest of the respondents the amounts are to be paid without further delay otherwise heavy financial burden will be cast on them to pay interest as already directed and as the said judgment has been confirmed not only by the Division Bench of this Court but also by the Apex Court. Accordingly, it is submitted that efforts will be taken to pay to the respective petitioners the amounts which are already available with the respondent KFRI without any further delay, as any further delay in the payment would be totally detrimental to the financial interest of all concerned. The said submission made by the 3rd respondent is recorded.
2. Sri.George Zachariah, learned Standing Counsel for the Kerala State Council for Science, Technology & Environment (KSCSTE) seeks short time to get instructions in the matter.
3. Earlier it was pointed out before this Court that steps are being taken by respondents 1 & 2 to take action against Registrar of 3rd respondent KFRI for having taken steps to comply with the judgment and in this regard Anx.R-3(a) was brought to the notice of this Court. Learned Senior Government Pleader as well as the learned Standing Counsel for respondents 1 & 2 were requested to get instructions in this matter. Today, when the matter was taken up for consideration, learned Senior Government Pleader appearing for the Science and Technology Department of the Government submitted that no action whatsoever will be taken C.O.C.359/16 etc. - : 3 :-
against the Registrar of KFRI for having taken steps to comply with the judgment and that strict instructions in this regard has already been conveyed to the officials concerned. Sri.George Zachariah, learned Standing Counsel for the KSCSTE would also submit that no action whatsoever will be taken against the Registrar or other officials of the 3rdThe respondent for having taken steps to comply with the judgment. said assurances and undertakings made on behalf fo the State Government and respondents 1 & 2 are recorded. In the light of the request made by Sri.George Zachariah, learned Standing Counsel for the KSCSTE, time by three weeks is granted to make submissions as to whether they intend to wait for six months time limit given by the Apex Court in the S.L.P. order dated 11.11.2016 or whether they would ensure that amounts would be paid even before the said time limit so as to ensure that liability to pay interest is reduced to the minimum extent possible.
At the request of the learned Standing Counsel for the KSCSTE, list the matter on 20.1.2017.'
3. Sri.S.M.Prem, learned counsel for the KFRI appearing on behalf of the 3rd respondent (who is employer) submits that all efforts would be taken to ensure that the entire dues, which are payable to the petitioners in terms of the judgment, are paid without any further delay and that further delay in payment would also detrimentally affect the interests of the respondents, as the judgment has specifically directed that delayed payment of the gratuity amounts will carry interest @10%, etc. Sri.George Zachariah, learned Standing Counsel for the respondent Kerala State Council for Science, Technology & Environment (KSCSTE) appearing for R-1 and R-2 would also endorse the said submission made on behalf of the 3rd respondent. In the light of the abovesaid undertakings made C.O.C.359/16 etc. - : 4 :-
by the respondents, this Court is of the view that these Contempt Petitions need not be kept pending now, and the same may be closed recording the abovesaid undertakings. However, learned counsel for the petitioners would submit that this Court may reserve liberty to the petitioners to reopen these contempt proceedings, if the respondents do not fully comply with the judgment within the time limit of 6 months granted by the Apex Court as per its order dated 11.11.2016. Taking note of the submissions from both sides, the Contempt Petitions are closed recording the abovesaid undertakings made by respondents 1 to 3. However, it is made clear that if the directions in the judgment are not fully complied with, within the time limit of 6 months granted by the Apex Court as per its order dated 11.11.2016 in the SLP, then the petitioners will be at liberty to reopen these proceedings so as to revive the Contempt Petitions against the respondents.
With these observations and directions, the Contempt Petitions stand finally disposed of.
sdk+ ALEXANDERSd/-
THOMAS, JUDGE
///True Copy///
P.S. to Judge
C.O.C.359/16 etc. - : 5 :-