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Wednesday, 4 December 2013

VIEWS EXPRESSED BY MEMBERS ON CONTEMPT PROCEEDINGS

It Seems that there is no ground on which  UOI can now challenge the verdict of CAT-PB  in OA  0655 since it  has lost its appeal twice in the Apex Court by the dismissal of SLP and RP.  I do not think the Apex Court will give any further reprieve for UOI by giving another chance for hearing in this particular case. The Contempt proceeding relates to non-implementation of judgement in the above case which in fact is the non-implementation of the 6th CPC recommendation duly accepted by UOI in cabinet meeting . The question of enunciation of modified parity even if it is the contention any of the three SLPs, can in no way put any hurdle in contempt proceedings. In fact, CAT has not given any thing new but has pointed out that this particular recommendation  ( which  tent amounts to application of full parity  in fixation  of pension of  pre-2006 retirees) was not understood properly by the concerned officials and  CAT has asked them to implement this  in its proper sense. The interpretation given by CAT has been upheld by Delhi High Court and twice by The Apex Court. In my opinion this case cannot be reopened under any circumstances and enunciation of modified parity, if it is there, can be of academic interest only. However, it is likely that UOI may try their level best for adjournment on some other pretext.
There was an apprehension on our part that CAT awarded full parity where as demand by pensioners was for modified one, therefore contempt proceedings will be contested by UOI. This contention also does not exist now since full parity award by CAT has stood judicial scrutiny.

  Mr.FAQIR CHAND
 (An active member of this blog)

1 comment :

  1. After a Review Petition, there is only one avenue available - Curative Petition. The rigours of the Curative Petition are clearly stated by the Apex Court in the Hurra case.

    The questions now are (1) when will the MoD implement the orders of the Apex Court, (2) Will MoD with selective advice of the CGDA and stone-walling by MoF/DoE delay or disfigure the implementation like in the Rank Pay case, and (3) Will it need another Contempt Petition to get redress?

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