P.BALAKRISHNAN v. NO.2 IN OP

in view of the abovesaid direction. Cont. Case (C)No.1676 of 2023 4 vi) Further, it is also reiterated that all the abovesaid observations and findings made by us as regards assignment of dates for all the 36 incumbents covered by Annexure-A3, etc. are confined only in the context of the lis advanced before us at the instance of the original applicant/respondent herein and the benefit of any of these directions given in favour of the applicant herein cannot be claimed by any of the other incumbents covered by Annexure-A3, etc. or any one, if they have not ventilated their grievances within a reasonable period and the abovesaid observations cannot be the basis for resurrecting any time barred claims. The orders and directions of the Tribunal at Ext.P5 will stand modified to the limited extent as above.

Further, before parting with this case, we would again note that the applicant is an elderly citizen who has already completed the age of 84 years and is in the evening of his life and we hope and trust that the petitioners in the O.P/respondents in the O.A will take proactive steps to ensure the immediate compliance of the abovesaid directions, without any further delay, as this is almost the fourth round of litigation, thrice before the Tribunal and once before this Court. With these observations and directions, the above Original Petition, will stand disposed of.”

In this Contempt Case, this Court passed a detailed order on 27.07.2023, which was followed by the orders dated

16.08.2023 and 23.08.2023.

Today, when this matter is taken up for consideration, Cont. Case (C)No.1676 of 2023 5 the learned Central Government Counsel would submit that the directions contained in Annexure A1 judgment have already been complied with by refixing the pension of the petitioner and the monetary benefits amounting to Rs.10,02,754/- has already been paid to his SB Account No.0762101027745 held with Canara Bank, Perambra Branch, on 29.12.2023. If not already communicated, a copy of the order refixing the pension of the petitioner shall be communicated to him within two weeks.

The learned counsel for the petitioner would submit that without prejudice to the right of the petitioner to challenge the order refixing the pension, in case the refixation is not strictly in terms of the direction contained in Clause (iii) of paragraph 15 of the judgment, this Contempt Case may be closed. Recording the above submission made by the learned counsel for the petitioner, this Contempt Case is closed without prejudice to the aforesaid right of the petitioner. The respondent shall communicate a copy of the order passed in terms of the directions contained in Annexure A1 judgment to the petitioner, if not already communicated, within a period of two weeks from the date of this judgment. AV/24/1 Sd/- ANIL K. NARENDRAN, JUDGE Sd/- VIJU ABRAHAM, JUDGE Cont. Case (C)No.1676 of 2023 6 APPENDIX OF CON.CASE(C) 1676/2023 PETITIONER ANNEXURES Annexure A1 Annexure A2 Annexure A3 Annexure A4 CERTIFIED COPY OF THE JUDGMENT DATED 22.10.2021 IN OP(CAT) NO. 85 OF 2017 TRUE COPY OF THE REPLY DATED 23.12.2021 RECEIVED BY THE PETITIONER TRUE COPY OF THE COMMUNICATION DATED 12.4.2023 RECEIVED BY THE PETITIONER TRUE COPY OF THE LATEST REPRESENTATION DATED 27.3.2023 RECEIVED BY THE PETITIONER