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)
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)