IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Con.Case(C).No. 1246 of 2010(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12490/2010 Dated 27/05/2010 .................... PETITIONER(S)/PETITIONER IN WPC: -------------------------------------------------- P.A.THANKAPPAN, PALLIKUDIYIL HOUSE, S/O.AYYAPPAN, AGED 60 YEARS, VADATTUPARA P.O., ERNAKULAM, PIN-686691. BY ADV. SRI.BIJU MARTIN RESPONDENT(S)/1ST RESPONDENT IN WPC: ----------------------------------------------------------- SMT.ANITHA, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE SECRETARY, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM. SRI.P.GOPAL, SC THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ Cont.Case. (C) NO. 1246 OF 2010 (S) ========================== Dated this the 21st day of October, 2010 J U D G M E N T By judgment dated 27/05/2010, WP(C) No. 12490/2010 was disposed of directing that by regularizing the suspension period, benefits due to the petitioner and arrears of subsistence allowance shall be quantified and admissible amount due shall be disbursed to the petitioner. 2. Going by the submissions made by the standing counsel for the respondent, it is seen that subsistence allowance has been paid and in so far as DCRG is concerned, respondent admits that petitioner is entitled to Rs.11,218/- and that the petitioner can collect the same. In so far as PF is concerned, respondent submits that the petitioner is entitled to Rs.17,573/- and that a formal application from the petitioner is awaited. Therefore, it is clarified that it will be open to the petitioner to submit his application and receive the amount due towards PF. 3. In so far as the claim of the petitioner for pension is concerned, according to the respondent, although the petitioner had service for the period from 15/3/92 to 31/8/07, the qualifying COC NO.1246/10 :2 : service admissible for pension is only that of 7 years 11 months and 11 days, which is rounded off to 8 years. It is stated that since the petitioner does not have minimum required 10 years of qualifying service, he is not entitled to pension. 4. Although it is the case of the petitioner that the quantification of the qualifying service rendered by the petitioner is incorrect and that he has more than 10 years of qualifying service, having regard to the dispute raised, this is not an issue which can be resolved in a contempt proceedings. If at all the petitioner is aggrieved by the quantification, he can seek it in appropriate proceedings. Contempt petition is closed. ANTONY DOMINIC, JUDGE Rp