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P.Natesan P J Nivas

High Court Of Kerala|28 November, 2014
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JUDGMENT / ORDER

In an affidavit filed by the respondent it is mentioned that in compliance with the judgement the claims of the petitioner was settled and eligible amount due towards DCRG, pension commutation, pension arrears, DA arrears, PF amount and pay revision arrears was paid to the petitioner as per the details of the cheques mentioned in the affidavit. 2. Learned counsel for the petitioner contended that the amounts now settled and disbursed are not the actual amounts due and there is a difference between the amounts already admitted by the respondent. Therefore it is contended that there is only a partial compliance of the judgment.
3. It is to be noticed that the direction was to settle all the claims of the terminal benefits due to the petitioner and to make payment of the eligible amounts within the time stipulted. According to the respondents COC No.1108 OF 2014 2 the claims were settled and eligible amounts were already paid. Therefore there is no willful disobeyance or violation, is the contention.
4. If there is any dispute with respect to the amount eligible towards claims raised by the petitioner, it is not a matter which can be adjudicated in this Contempt of Court Case. Since it is evident that the respondent had taken a decision and paid the amounts due according to them, this court do not find any reason to proceed further in this Contempt of Court Case. However the petitione will be at liberty to pursue his claims in appropriate proceedings.
Reserving the liberty as mentioned above, this Contempt of Court Case is hereby closed.
C.K.ABDUL REHIM, JUDGE.
SKV
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Title

P.Natesan P J Nivas

Court

High Court Of Kerala

JudgmentDate
28 November, 2014
Judges
  • C K Abdul Rehim
Advocates
  • Sri