P.M. JOHNSON Vs. BIJU PRABHAKAR

JUDGEMENT

(1.) Present contempt petition has been filed in purported non compliance of the judgment dtd. 7/12/2021 of this Court in W.P.(C) No. 21993 of 2020 whereby the petitioners were granted the following reliefs:

(2.) The period rendered by this was 45 days from the date of receipt of a certified copy of the judgment, failing which, it would entail 6% interest. The period aforementioned expired on 18/3/2022. Contempt petition was filed on 9/5/2022 whereas a Writ Appeal, after receipt of the notice of the contempt petition was preferred by the respondent, KSRTC on 7/7/2022. The Hon'ble Division Bench after hearing the parties at length, upheld the order of this Court and dismissed the appeal by granting 4 weeks time to comply with the directions contained in the judgment of this Court. The operative parts of the judgment reads thus:10. It is clear from Rule 3(b)(ii) that the proceedings if initiated also should be in respect of any event which took place more than four years before such institution. Note 2 which allows the pensionary benefits to be recovered also has to be in a proceeding which is instituted within the four year period as mentioned above. The principle in Rafiq Masih (supra) though it recognizes the right to recover bars the recovery in certain cases as recovery after a long time would be iniquitous. In the instant case we find that the employees of the Corporation fall in the class mentioned at paragraph 12 of the judgment in Rafiq Masih(supra).

(3.) Learned counsel appearing on behalf of the petitioner submits that since the KSRTC was in remiss in not filing the writ appeal within the period granted by this Court, the petitioners are entitled to 6% interest. Even otherwise, if the directions of the Division Bench is read, it doesn't mean that the period of 45 days has been extended, it would deem to have been extended the period but the element of interest would continue.