IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Con.Case(C).No. 709 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.12721/2005 Dated 19/10/2006 .................... PETITIONER/PETITIONER IN WPC --------------------------------------------- V.SUNDARESAN, STATION MASTER, K.S.R.T.C OPERATING CENTRE, KULATHUPUZHA, RESIDING AT SUNDARA BHAVANAM, PULAMON P.O., KOTTARAKKARA, KOLLAM. BY ADV. SRI.M.V.THAMBAN SRI.V.K.SATHYANATHAN RESPONDENTS: RESPONDENTS IN WPC ------------------------------- SRI.SENKUMAR, IPS, AGED ABOUT 50 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, CHAIRMAN & MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - Contempt of Court Case No. 709/2008 IN W.P.(c).No. 12721 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of June, 2008 JUDGMENT This contempt of Court Case has been filed by the petitioner in W.P.(C)No.12721/05 complaining that the directions in Annexure 1 judgment have not been complied with by the respondent. The operative portion of Annexure 1 judgment reads as follows: “ Exts.P2, P7 and P9 are quashed. Ext.P8 will stand restored. The respondents are directed to continue the petitioner as Station Master on the basis of Ext.P8. All consequential benefits resulting from quashment of Exts.P2, P7 and P9 will be released to the petitioner at the earliest. The parties are directed to suffer their respective costs in the circumstances of the case.” 2. Sri.Johnson.P.John, learned standing counsel, submits that the complaint that Annexure 1 judgment has not been obeyed is without basis. Learned counsel placed before me the official memorandum issued by the KSRTC on 17/12/2006 restoring to the writ COC.No.709/08 2 petitioner the promotion which had been granted to him as Station Master under Ext.P8. On the basis of this memorandum, learned standing counsel submits that the first direction under my judgment has been complied with. Learned counsel points out that the petitioner while working as Station Master was promoted on 04/07/2007 as Inspector and he retired on superannuation from the service on 29/02/2008. The petitioner's grievance is that his juniors have been promoted as ATOs. 3. Sri.Johnson.P.John submits that the post of ATO is a selection post and the appointment of juniors as ATOs has been made pursuant to selection process initiated by the KSRTC. I am of the view that it cannot be straight away held that appointing juniors of the petitioner as ATOs amounts to violation of Annexure 1. It is open to the petitioner to initiate fresh proceedings if so advised for redressal of his grievance that his juniors were appointed as ATOs. even during the currency of Ext.A1 judgment. 4. The petitioner's further grievance is that the monetary benefits which were ordered to be released under Annexure 1 judgment COC.No.709/08 3 have not been released completely. Standing counsel submitted that records will be verified and necessary calculations will be made and if it is seen that any more monetary benefits are due to the petitioner, such benefits will be released. Under these circumstances, even as I decline initiation of proceedings for contempt, I issue a direction to the respondent to verify the records and determine whether any more monetary benefits are due to the petitioner pursuant to Annexure 1 judgment and to release those benefits under intimation to the petitioner at the earliest and at any rate within two months of receiving copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv. COC.No.709/08 4