IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Con.Case(C).No. 581 of 2009(S) -------------------------------------------- AGAINST THE JUDGEMENT IN OP.20711/1998 Dated 06/11/2001 .................... PETITIONERS: --------------------- 1. A.V. ANTONY, S/O. LATE VARKEY, AGED 64 YEARS, RETIRED SUB POST MASTER, AMBATTU HOUSE, P.O. THIRUMARADY, ERNAKULAM DISTRICT, PIN-686687. 2. K.U. PAILY, W/O. ULAHANNAN, AGED 68 YEARS RETIRED HIGHER GRADE POSTAL ASSISTANT, KIZHAKKUMTHOTTATHIL HOUSE P.O., OORAMANA, (VIA), RAMAMANGALAM, PIN 686 663, ERNAKULAM DIST. 3. P.P. KUMARAN, S/O. KUTTAPPAN, AGED 68 YEARS, RETIRED HIGHER GRADE POSTAL ASSISTANT, PUTHENPURACKAL HOUSE, P.O. PANDAPPALLY, PIN 686 672, (VIA) ARAKUZHA, MUVATTUPUZHA, ERNAKULAM DIST. 4. M.S. BHASKARAN NAIR, S/O. M.K. SANKARAN NAIR, AGED 67 YEARS, RETIRED SUB POST MASTER (HIGHER GRADE), MUNDEKUDIYIL HOUSE, KARIMATTOM, P.O. AYAVANA, PIN 686 676,MUVATTUPUZHA, ERNAKULAM DIST. BY ADV. SRI.P.K.MADHUSOODANAN RESPONDENTS: ------------------------ 1. SRI. GOVINDARAJAN, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS) DIRECTOR OF POSTAL SERVICE (HEAD QUARTERS), KERALA CIRCLE, TRIVANDRUM -695033. 2. MRS. SOBHA KOSHI, (AGE & FATHER'S NAME NOT KNOWN) DEPARTMENT OF POSTS, INDIA, CHIEF POST MASTER GENERAL, KERALA CIRCLE, TRIVANDRUM -695033. COC 581/2009 - 2 - 3. MRS. RADHIKA DORAISWAMY, (AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONERS) DIRECTOR GENERAL (POSTS), DEPARTMENT OF POSTS INDIA, NEW DELHI 110 001. BY ADV. SRI.S.KRISHNAMOORTHY, CGC THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ Cont. Case (C) No.581 of 2009 ------------------------------------------ Dated, this the 6th day of July, 2009 JUDGMENT Kurian Joseph, J. The petitioners in this case are respondents 1 to 4 in O.P.No.20711 of 1998. That was a writ petition filed by the Department of Posts challenging the order of the Central Administrative Tribunal, Cochin in O.A.No.1148 of 1996. A Division Bench of this Court in the judgment dated 6th November, 2001 in O.P.No.20711 of 1998 disposed of the original petition following the judgment of this Court in an earlier case, namely O.P.No.20022 of 1997. However, the Division Bench took note of the fact that a similar issue was pending before the Supreme Court and hence it was made clear that .... “if the Supreme Court renders judgment favourable to claim of the applicants, they would also get the benefit of that judgment”. The judgment referred to by the Division Bench is the one reported in Union of India and others v. Leelamma Jacob and others (2003) 12 SCC 280, according to the petitioners. Cont. Case (C) No.581 of 2009 - 2 - 2. Therefore, it is only appropriate that the second respondent considers the case of the petitioners herein in the light of the decision referred to above. This shall be done by the second respondent within a period of one month from today. 3. In view of the above, we do not find any contumacious conduct on the part of the respondents. Therefore the contempt case is closed subject to the above direction. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns