P C JOHN Vs. V SANIL KUMAR

JUDGEMENT

(1.) This Contempt of Court case has been filed alleging that the directions of this Court in W.P.(C).No.20537 of 2012 has not been complied with by the respondents. As is clear from the pleadings of this case, only the Secretary of the Kerala State Cooperative Employees' pension Board, Sri.V.Sanil Kumar, has been arrayed as respondent. This was presumably because the petitioners thought that the non-payment of their pension was only on account of the failure at the hands of the respondent herein.

(2.) However, when this matter was pending before this Court, an affidavit has been filed by the respondent herein, wherein he says that the delay in making payment of the pension is not on account of any failure from his side but because the bank has not remitted the amounts along with interest into the pension corpus.

(3.) On a reading of the affidavit of the respondent, I suggested to Mr.P.N.Mohanan, the learned counsel for the petitioner that it would be better for the petitioner to invoke remedies against the bank also since it may not be effective for this Court to take any further action against respondent, taking note on the averments contained in the affidavit dated 29.04.2018. Sri.P.N.Mohanan in response to this submitted that he may be allowed to withdraw the Contempt of Court Case, however, with liberty to file a fresh Contempt case or to invoke such other remedies as are available to the petitioner, by arraying all necessary parties and making apposite averments. Since I find the submission of Sri.P.N.Mohanan to be very reasonable and fair, I allow his request and thus close this Contempt of Court Case, however, reserving liberty to the petitioner to either approach this Court with a fresh Contempt Case or to invoke other remedies as may be available to him.