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Wednesday, 15 October 2014

SLP's HEARING AFTER DIWALI

THE TOTAL NUMBER OF SLP's  CLUBBED HAS GONE UP TO 44.THESE SLP'S WERE CALLED TO BE HEARD ON 14/10/2014.

Upon hearing the counsel the court made the following
order
At the request of the counsel for petitioners-UOI,
Post immediately after Diwali holidays and to retain its position.

3 comments :

  1. ROP (of HSC wrt these 49 Cases) dt 15 Oct 2014 SAYS:

    "At request of learned counsel for the petitioners-U.O.I.,post immediately after Diwali holidays and to retain its position".
    OFFICE REPORT extracts mention that CIVIL APPEAL NOS. 1958-1962 OF 2014. It is submitted that the above matter was listed before
    Hon'ble Court on 10.02.2014 when the Court was pleased to pass
    the following orders:
    "Heard.
    Delay condoned.
    Issue notice.
    Tag along with C.A. No(s). 8875-8876 of 2011 (arising out of CAD No.26880 of
    2011) and similar other matters.
    Mr. Rakesh K. Khanna, learned Additional Solicitor General, Submits that the Government shall pay the differential amount of pension to the respondents with interest @ 10% per annum from the date of the order passed by the Tribunal till the actual payment to the respondents and all those similarly situate with them in case the order passed by the Tribunal is eventually upheld. That statement is recorded.
    The implementation of the impugned order shall, in the light of the above statement, remain stayed pending further orders from this Court. "
    -------------------------------------------------------------
    1. iT IS A FACT THAT THIS OFFICE REPORT HAS NOT MENTIONED ABOUT THE CIVILIAN SLPS, BUT THE RECORD OF PROCEEDINGS OF 14 OCT 2014 SHOWS THE LEAD CASE AS CA 8875-76/ 2011 AND ALL OTHER CASES AS "WITH" IT - WHICH IN EFFECT COVERS 47 MORE INCLUDING THE CIVILIAN SLPS -34799, 36148-50, AND 16780-82. Offuice Report dt 19 11 2013 covers the linkage of the SLPs 34799 7 36148-50 with CAs 8875-76 already.
    2.ENTIRE BUNCH OF ALL THE ABOVE CASES ARE TO COME UP on 28 10 2014 ON A NON-MISC DAY. May figure within first ten.. Very good chance that hearing may be completed that day.
    3. I AM GIVEN TO UNDERSTAND THAT THE CASES CAs 1958-62/2014 BELONG TO HONORARY RETD COM. OFFICERS / PENSION ARREARS ETC AND MAY BE, THEY ARE SLIGHLY DIFFERENT IN ORIGIN BUT CAN BE "SIMILARLY STANCED" IN SOME ASPECTS AND HENCE LINKAGE.
    4.ALL SR COUNSELS ARE PERHAPS READY WITH THEIR POINTS FOR ARGUMENTS. NONE NEED TO GET "EMOTIONAL" AND "DRIFT AWAY" FROM THE BOTTOM-LINE OF THE LITIGATION- "MOD PARITY- DATE OF EFFECT 1 1 2006- ALREADY CONCEDED WEF 24 SEPT 2012- ONLY ARREARS NEED TO BE SETTLED FOR THE PERIOD 1 1 2006 TO 23 9 2012".
    5.LEAD CAs 8875-76 ARE BEING LINKED TO CIVILIAN SLPS OF 361480-50 . IF THAT BE SO , linkage to CGSAGPA's settled case OA 655/2010 is also "OBVIOUS" AND SO CASE HISTORY OF THE CGSAGPA COVERED BY THE SAME/ COMMON VERDICT OF PB CAT OF 1 11 2011AND DHC JUDGMENT OF 29 4 2013 PROVIDE THE "PRECEDENCE". AS THE CGSAGPA'S CASE HAD REACHED FINALITY AFTER THE SLP/RP/CUR PETN DISMISSAL, SO ALSO THE REMAINING THREE SIMILARLY STANCED CASES (SLPs 36148-50) HAVE TO BE DEEMED AS HAVING REACHED FINALITY ALREADY - AND NOW BY THIS LINKAGE, ALL CAs ALSO MUST ENJOY THE SAME "FINALITY STATUS" AS THE ISSUE INVOLVED IS SAME "SCPC MOD PARITY" WEF 1 1 2006.
    6.ALL PARTIES/ THEIR COUNSELS MAY TAKE ADVANTAGE OF THE "RECENT ORDERS OF THE DOP (26 Aug 2014 & 4 Sept 2014)" WRT
    " CGSAG" CAT's Contempt Proceedings (15 5 2014) & ON SELECTIVE IMPLEMENTATION of CAT judgment dt 1 11 2011 FOR 661 PRE 2006 S29 PENSIONERS OF CGSAGPA AND USE IT TO PROVE THE PRECEDENCE OF THE JUDGMENTS ALREADY PRONOUNCED BEING IMPLEMENTED AND THE SAME IMPLEMENATION HAS TO COVER ALL SIMILARLY STANCED PRE 2006 MILITARY AND CIVILIAN PENSIONERS. DOP/ UOI HAVE TO COMPLY WITH CAT JUDGMENT TO COVER ALL AGGRIEVED PRE 2006 LOT.
    7. DOP ORDER OF 26 AUG 2014 GIVES A "BRIEF REVIEW' OF THE CGSAGPA'S JOURNEY TO LEGAL FINALITY AND THE SAME MAY BE USED FOR EXPALINING TO THE BENCH ON THE GOVT'S WRONG STAND OF UOI/DOP WRT PARTIAL IMPLEMENATION OF COURT VERDICTS. Hope something final emerges on 28th Oct 2014........





    ReplyDelete
    Replies
    1. What was the position on 28.10.2014

      Delete
  2. UNFORTUNATELY, ON 28 OCT 2014, THE SLP AT SL NO1 IN COURT NO2 OF HSC TOOK THE ENTIRE DAY'S TIME - SAY EVEN BEYOND THE COURT TIME- UP TO LATE IN THE EVENING- WITH THE RESULT NO OTHER CASE CD BE TAKEN UP in Court 2 that day. (This case, now that arguments are over & judgment reserved (as perCase Status info) may not cause delays any more to any other case!!!!).

    CONSEQUENTLY, A NEW DATE HAS BEEN GIVEN NOW FOR THE CAs 8875-76 VIZ 2 DEC 2014 AND AS ALL THE OTHER CASES ARE LINKED TO THIS, THE ENTIRE BUNCH WILL COME UP THAT DAY ONLY.

    IT IS NOT CLEAR HOW THE SENIORITY CAN BE MAINTAINED NOW....PRIORITY IS LOST I FEAR......BOTH 14TH & 28TH OCT 2014 ARE LOST OPPORTUNITIES.....

    ReplyDelete