IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Con.Case(C).No. 604 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.33699/2006 DT.6.2.2009 .................... PETITIONER(S): WRIT PETITIONER ------------------------------ L K N BABU (EX.NO.59642-NAVY) S/O.BALAKRISHNAN, AGED 57 YEARS, ADAVANNA HOUSE, P.O.CHENNAMANGALAM, ERNAKULAM, KERALA. BY ADV. SRI.M. RAJAGOPALAN RESPONDENT(S): RESPONDENT ------------------------- 1. DR.G D PUNGLE, AGED NOT KNOW TO THE PETITIONER, S/O.NOT KNOWN TO THE PETITIONER, PRINCIPLE CONTROLLER OF DEFENCE ACCOUNTS(PENSION), ALLAHABAD. (*) ADDL.R2. MR.VIJAY SINGH, SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. [(*) ADDITIONAL RESPONDENT NO.2 IMPLEADED AS PER ORDER DATED 29/09/2009 IN I.A.NO.494/2009] ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GL. FOR RESP.NO.1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ C.O.C. No.604/2009-S ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of November, 2009 J U D G M E N T Alleging violation of the directions issued by this Court in Annexure A-1 judgment, the above Contempt of Court Case has been filed. The writ petition was disposed of directing respondents to pay minimum pension at Rs.375/- from 01/01/1986 to 01/01/1996 and the revised basic pension at Rs.1,250/- with effect from 01/01/1996 along with the revised disability element for 30% disability with all consequential benefits including arrears within a period of three months from the date of receipt of a copy of that Judgment. It was also directed that he will be entitled for any revision of pension sanctioned during the pendency of the writ petition, if any. 2. In the affidavit filed by the respondent it is averred in paragraph (5) that necessary sanction for grant of pension to the petitioner can be accorded within six weeks as it requires clearance/action at various stages like Naval Headquarters Delhi, Ministry of Defence, Delhi and the Principal Controller of Defence Accounts (Pension) Allahabad. It is also averred that the respondents in the writ petition have decided to implement the order, subject to the outcome of the Review Petition that is being filed C.O.C. No.604/2009 -:2:- now and also subject to the result of any Appeal or Special Leave Petition that may be filed therefrom. 3. It is submitted by the learned counsel for the petitioner that the Writ Appeal has already been dismissed. 4. In view of the fact that the respondents have decided to implement the order, there will be a direction to sanction the pension within a period of one month from today, since they have only sought for six weeks from the date of filing of the affidavit, i.e. 05/10/2009. Appropriate sanction will be granted and the amount will be disbursed within the above period. Contempt of Court Case is accordingly closed. (T.R. Ramachandran Nair, Judge.) ms