Con.Case(C) No.739/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Thursday, the 26th day of May 2022 / 5th Jyaishta, 1944
CONTEMPT CASE(C) NO. 739 OF 2022(S) IN OP(CAT)211/2016
PETITIONER/1ST PETITIONER IN O.P(CAT):
LT.COL.A.A.APHRAIM (RTD.),NCC/PC/12103,AGED 82 YEARS,S/O LATE
A.K.APHRAIM,KALIYADAN HOUSE, 94 HILL GARDENS, ANCHERY P.O., THRISSUR
- 680 006
BY ADVS.M/S.SHAJI THOMAS,JEN JAISON,
RESPONDENT/1ST RESPONDENT IN O.P.(CAT):
RAJIV RANJAN, PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION),
DRAUPADI GHAT, ALLAHABAD, UTTAR PRADESH - 211 014
BY SRI.K.R.RAJKUMAR, CENTRAL GOVERNMENT COUNSEL
This Contempt of court case (civil) having come up for admission on
26.05.2022, the court on the same day passed the following:
P.T.O
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ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
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Contempt of Court Case (Civil) No.739 of 2022
[arising out of the impugned judgment dated 09.11.2021 in O.P.(CAT) No.211/2016]
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Dated this the 26th day of May, 2022
ORDER
Sri.K.R. Rajkumar, learned Central Government Counsel seeks further time to get instructions from the respondent officer.
2. The petitioner would strongly oppose the plea for adjournment.
3. On the previous occasion, it was fairly submitted by the learned Central Government Counsel on behalf of the respondent that he would give necessary advise and directives to the respondent officer to ensure compliance of the directions issued by this Court as per Anx.A4 judgment dated 09.11.2021 in O.P.(CAT) No.211/2016, if the same has not so far been complied with. This fair submission made by the learned Central Government Counsel was recorded by us as early as on 07.04.2022. About 7 long weeks have passed thereafter. We are not in a position to easily accede to the request for adjournment.
4. Sri.K.R. Rajkumar, learned Central Government Counsel Con.Case(C) No.739/2022 3/4 Con. Case (C) No.739/2022 2 would again fairly submit that he would give strict instructions and directives to the respondent officer to ensure the immediate compliance of Anx.A4 judgment and that 10 days time may be granted to him to know the stage of compliance. We make it clear that if the respondent officer does not implement the judgment by the next posting date or does not give us a fair assurance that he would certainly comply with the directions in Anx.A4 judgment within a short and reasonable time limit, then we will be constrained to initiate contempt of court proceedings against the respondent officer.
4. We are now adjourning the case only because on the sincere and fair submission made by Sri.K.R. Rajkumar, learned Central Government Counsel.
List the case on 08.06.2022.
Hand Over a copy of this order to both sides.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
SHOBA ANNAMMA EAPEN,
JUDGE
Skk//27052022
26-05-2022 /True Copy/ Assistant Registrar
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APPENDIX OF CON.CASE(C) 739/2022
Annexure A4 CERTIFIED COPY OF THE JUDGMENT DATED 09.11.2021 IN O.P
(CAT) NO. 211/2016