IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Cont.Case(C).No.78 of 2008(S) -------------------------------------------------- ARISING OUT OF THE JUDGEMENT IN O.P.NO.2588/2003 DATED 12/10/2006 .................... PETITIONER/PETITIONER:- -------------------------------------- J.RAJENDRAN, AGED 43 YEARS, S/O.K.P.JANARDHANAN, RESIDING AT PAVITHRAM, KUZHUMATHIKADU P.O., KOLLAM. (RETIRED SUBEDAR FROM AMC LUCKNOW). BY ADV. SRI.R.PUSHPANGATHAN PILLAI RESPONDENT/4TH RESPONDENT:- --------------------------------------------------- M.RAMANUJAYYA, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, COLONEL, COMMANDING OFFICER, COLONEL RECORDS, AMC, LUCKNOW-226002. BY ASSISTANT SOLICITOR GENERAL OF INDIA SRI.P.PARAMESWARAN NAIR. THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------- Cont. Case (Civil) No.78 of 2008 --------------------------------------------------- Dated, this the 25th day of June, 2008 JUDGMENT H.L.Dattu, C.J. Inter alia alleging that the respondent/4th respondent in the original petition has disobeyed the orders and directions issued by this Court in O.P.No.2588 of 2003 dated 12th October, 2006, the petitioner in the original petition has presented this contempt petition. 2. The main prayer in the original petition was to direct the respondents to disburse to the petitioner the balance of arrears of special pay during his tenure in United Nations Transitional Authority in Cambodia for 523 days, forthwith. 3. In the original petition filed, it was also stated that the petitioner has already filed Ext.P3 representation before the authorities, inter alia requesting them for payment of arrears of special pay etc. 4. If the order passed by the learned Single Judge is read carefully, the one and the only conclusion that can be arrived at is that the learned Single Judge while disposing of the original petition had only directed the respondent/4th respondent to consider Ext.P3 representation COC No.78/2008 -2- and pass appropriate orders in accordance with law. 5. After the disposal of the original petition, the respondent has passed Ext.R4 (2) order dated 5th January, 2008. In that it is stated as under: IMPLEMENTATION OF HON'BLE HIGH COURT OF KERALA AT TRIVANDRUM ORDER DATED 12 OCT 2006 IN OP NO.2588 OF 2003 FILED BY JC 691372N EX SUB J RAJENDRAN 1.Refer to your representation dated 02 May 2002. 2. It is intimated that in compliance with the Hon'ble High Court of Kerala at Trivandrum order dated 12 Oct 2006 in OP No.2588 of 2003, the petition dated 02 May 2002 submitted by you was examined by the competent authority in detail. After due consideration the same has been rejected. 3. Order dated 05 Jan 2008 passed by the Officer-in-charge, Army Medical Corps Records, disposing the above representation, is forwarded in original for your information. 4. Please return the attached receipt to this office duly signed by you for our record. 6. Since the respondent has considered Ext.P3 representation and has passed an order therein, in our opinion, the respondent has neither deliberately nor wilfully disobeyed the orders and directions issued by this Court. In that view of the matter, we do not intend to take cognizance of this contempt petition. Accordingly, the contempt petition is closed. However, we reserve liberty to the petitioner, if he so desires, to question the correctness or otherwise of the COC No.78/2008 -3- order No.JC-691372/NE/472/CC dated 5th January, 2008 passed by the respondent before appropriate Forum. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS