1
BEFORE THE HON’BLE HIGH COURT OF KERALA
AT ERNAKULAM
IANo. of 2023
IN
Contempt Case (Civil) No.1880 of 2023
Biju Baby : Applicant / Respondent/
3rd Respondent in WPC
Vs.
Dinasree PM. : Respondent / Petitioner/
Petitioner in WPC
AFFIDAVIT
L, cya! aged —_years, residing at
, do hereby solemnly affirm and state as follows.
1. Tam the
and the respondent herein. I am conversant
with the facts of the case as disclosed from the relevant records.
2. The above contempt case is filed alleging non compliance of
Annexure Al judgment, In Annexure Al judgment, also following
Exhibit P8 judgment of this Hon'ble Court, this Hon'ble Court was
pleased to declare that the petitioner is entitled to get salary and other
allowances based on Exhibit P7 Approval Order. Exhibit P7 was a2
screen shot showing the status of the petitioner’s appointment proposal
submitted on 06-07-2022 as ‘approved’. This Hon'ble Court was pleased
to specifically leave open all other contentions of the petitioner.
Therefore, the direction was to disburse salary and arrears in tune with
the approval reflected in Samanwaya Portal as per Exhibit P7. It is
brought to the kind notice of this Honourable Court that the approval
granted to the petitioner’s appointment was on daily wage basis. True
copy of the file notings leading to Exhibit P7 recorded on Samanwaya
Portel is produced herewith as Annexure R1(a). It is clear therefrom that
the approval was on daily wage basis. It is also humbly submitted that
prior to the filing of the above Contempt Court Case, proceedings were
issued in tune with Exhibit P7 approval by the AEO. True copy of the
order bearing No.B/32/967/2023 dated 27-07-2023 is produced herewith
as Annexure R1(b). Annexure R1 (b) is in tune with Exhibit P7
approval, Petitioner has not raised any challenge against Annexure
RI(b) in the Contempt of Court Case.
3. It is also humbly submitted that pursuant to Exhibit P7 and
Annexure R1(b) the entire salary bills payable to the petitioner on daily
wage basis have been passed by this respondent. The delay in the
disposal of monetary benefits, consequent to Exhibit P7 Annexure R1 (b)
was due to the requirements of obtaining separate permissions on the
SPARK software in respect of salary payable each year. Therefore there
has been no wilful disobedience of the directions of this Honourable
Court and it is prayed that the Contempt of Court Case Proceedings
against this respondent may be closed.3
4. On 14-09-2002 this Honourable Court was pleased to order
the personal appearance of this respondent on 29-09-2023 if the
directions are not complied with. Since the directions of this Honourable
Court are fully complied with, it is humbly prayed that the personal
appearance of this respondent on 29.09.2023. A separate petition seeking
this relief is being filed herewith.
5. [have always sought to uphold the majesty of this Hon’ble
Court and am bound to comply with the directions in their entirety in
letter and spirit.
6. In the above circumstances this Hon'ble Court may be
pleased to dispense with the personal appearance of this respondent, A
separate petition for this purpose is also filed along with this affidavit.
Alll the facts stated above are true to the best of my knowledge,
belief and information.
Dated this the day of September, 2022.
DEPONENT
Solemnly affirmed and signed before me by the Deponent, whom I
know on this the day of September, 2022 at the office of the
SURYA BINOY
SENIOR GOVERNMENT PLEADER
SMCs