IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Con.Case(C).No. 849 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN OP.23619/1999 Dated 18/01/2006 ............................... PETITIONER: --------------------- C.V.SUVARNAKUMARI, RETIRED HIGH SCHOOL HEADMISTRESS, SUVARNALAYAM, PALAYAMKUNNU P.O., VIA.VARKALA, TRIVANDRUM DISTRICT. BY ADV. SRI.S.D.ASOKAN RESPONDENT: ----------------------- SRI.V.RAVINDRAN, (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER), ACCOUNTANT GENERAL, A & E, KERALA, THIRUVANANTHAPURAM. SRI. MANOJ KUMAR, SPL. GOVERNMENT PLEADER (FINANCE) THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... Cont. Case No. 849 of 2009 ................................................. Dated this the 15th day of September, 2009 J U D G M E N T The petitioner seeks initiation of contempt proceedings against the respondent for non-compliance with the direction in Annexure A judgment. In Annexure A judgment, I issued three directions. It is submitted in the affidavit filed on behalf of the respondents that the 1st and 3rd directions had been complied with, which are payment of arrears on pay revision introduced with effect from 1.3.1997 and payment of charge allowance for the period from 1.4.1996 to 25.5.1996. But the Government Pleader submits that the other direction regarding reckoning of extended period from 31.10.1996 to 31.3.1997 as qualifying service for pensionary benefits has not been complied with, since subsequent to the Annexure A judgment a Division Bench decision of this court had upheld a retrospective amendment to Rule 60 C of Part I of KSR and the state has filed an appeal against Annexure A judgment namely W.A. No. 1814 of 2009. In such circumstances, I do not think that it is necessary to continues proceedings in the contempt case in so far as there is no deliberate disobeyance of orders of this court. Accordingly the contempt case is closed. S. SIRI JAGAN, JUDGE rhs