Lt. Col. A.A. Aphraim (Rtd.) vs Rajiv Ranjan
2022 Latest Caselaw 5602 Ker

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
 Con.Case(C) No.739/2022                             2/4




            ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
             -----------------------------------------------------------------------------------
                             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]
                          -----------------------------------------------------------------
                                       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

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
 Con.Case(C) No.739/2022                 4/4

                          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