Union Of India vs Jacob Paul @ M.P.Yacob
2023 Latest Caselaw 7094 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                     &
                THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
           Friday, the 23rd day of June 2023 / 2nd Ashadha, 1945

                 IA.NO.2/2023 IN OP (CAT) NO. 167 OF 2016

(AGAINST THE ORDER DATED 17.11.2015 IN OA 596/2013 OF CENTRAL ADMINISTRATIVE
                            TRIBUNAL,ERNAKULAM)

PETITIONERS/PETITIONER IN OP(CAT):

  1. UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, MINISTRY
     OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI 110 001.
  2. THE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI 110 001.
  3. THE DIRECTOR, CENTRAL BUREAU OF ILNVESTIGATION, 5-B, CG COMPLEX,
     LODHI ROAD, NEW DELHI.
  4. THE DIRECTOR, NATIONAL CRIEM RECORDS BUREAU, EAST BLOCK, 7,
     R.K.PURAM, NEW DELHI 110 066.

RESPONDENT/RESPONDENT IN OP(CAT):

     JACOB PAUL @ M.P.YACOB S/O.LATE P.M.PAULOSE, RETIRED DEPUTY
     SUPERINTENDENT (FINGER PRINT), CENTRAL FINGER PRINT BUREAU, EAST
     BLOCK, 7, R.K.PURAM, NEW DELHI 110 066, RESIDING AT MANGATTAMPILLIL
     HOSUE, AKAPPARAMBU, MEKKAD 683 589, ERNAKULAM DISTRICT.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
limit prescribed in the direction contained in the judgment dated
19.10.2022 in the above Original Petition, by a further period of 12
weeks, in the interest of justice.
      This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of ASSISTANT SOLICITOR GENERAL, SRI.T.V.VINU, CGC, for the petitioners,
SRI.N.SUKUMARAN (SR.)along with M/S.SRI.M.P.KRISHNAN NAIR, SMT.SEEMA
KRISHNAN & SRI.R.SUDHIR Advocates for Respondent, the court passed the
following:
                    A.K.JAYASANKARAN NAMBIAR
                                 &
                    MOHAMMED NIAS C.P., JJ.
                 ---------------------------
                          I.A.No.2 of 2023
                                 in
                     OP(CAT).No.167 of 2016
                ----------------------------
                Dated this the 23rd day of June, 2023

                                ORDER

A.K.Jayasankaran Nambiar, J.

Taking note of the two affidavits dated 05.06.2023 and 15.06.2023,

whereby the petitioners have indicated that a total amount of

Rs.7,72,284/- has been paid to the account of the respondent by way of

arrears of salary upto 31.05.2010, arrears of leave encashment, arrears

of commuted salary, arrears of gratuity and arrears of pension from

01.06.2010, we are of the view that the amounts due to the respondent

pursuant to our judgment dated 19.10.2022 in OP(CAT.No.167 of 2016

have been received by the respondent. The learned counsel for the

respondent, however, submits that there is an amount of Rs.2.20 lakhs

that has been deducted from the payments due to him in the past. Taking

note of the said submission and without expressing any view on the

merits of the said claim of the respondent, this I.A is closed without

prejudice to the right of the respondent to approach the authorities

concerned in pursuit of the said claim for Rs.2.20 lakhs.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE

mns