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  • Thursday 5 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)

    Monday 2 December 2013

    3 SLP'S FILED BY UOI WILL BE HEARD ON 04/02/2014

    THE THREE SLP'S - SLP(civil) 36148-50/2013 FILED BY UOI IN SUPREME COURT  IS LISTED FOR  ADMISSION  HEARING ON 04/02/2014. THIS IS  FILED FOR  RESTORATION  MINIMUM PENSION TO PRE-2006 PENSIONERS AS PER  6th CPC RECOMMENDATION(AS INTERPRETED BY UOI WHICH HAS ALREADY  BEEN STRUCK DOWN BY CAT PB , CONCURRED BY DELHI HIGH COURT & REFUSED TO BE HEARD BY SUPREME COURT).

    Tuesday 26 November 2013

    CONTEMPT PETITION IN CAT PB ADJOURNED

    PRE2006  PENSIONERS CONTEMPT PETITION NO. CP 158/2012 , FIELD  AGAINST NON-IMPLEMENTATION OF CAT PB JUDGEMENT  BY UOI IN OA 655/2010, WHICH IS LISTED TO BE HEARD ON 27/11/2013 IS ADJOURNED & THE NEXT DATE OF HEARING IS ON 18/12/2013

    Thursday 21 November 2013

    SUPREME COURT ISSUES NOTICE TO PENSIONERS IN THREE SEPARATE SLP'S FILED BY UOI

    SUPREME COURT ISSUED NOTICES TO RESPONDENTS (PENSIONERS ) IN 3 SLP FILED BY UOI  ON 19/11/2013 AGAINST THE JUDGEMENT OF CAT PB & DELHI HIGH COURT.
    THE SLP'S ARE  IN THE  ADMISSION STAGE & NOTICES HAVE BEEN SENT TO  THE RESPONDENTS. THE DATE OF  HEARING WILL BE ANNOUNCED SHORTLY AFTER  THE REPLY TO NOTICES ARE RECEIVED BY THE COURT.THESE SLP'S ARE ALSO LIKELY TO MEET WITH THE SAME FATE AS THAT OF REVIEW PETITION.THERE IS NO DOUBT THAT SUPREME MIGHT HAVE FED UP WITH  UOI. HOWEVER THERE IS NO PLACE FOR ANY DISAPPOINTMENT SINCE THIS WON'T AFFECT THE CONTEMPT PETITION WHICH IS COMING UP FOR HEARING IN CAT PB ON 15/01/2014.

    Wednesday 13 November 2013

    THE REVIEW PETITION FILED BY UOI IN SUPREME COURT IS DISMISSED

    The review petition RP(civil) 2492/2013 filed by UOI in SUPREME COURT  against the dismissal of SLP(c) 23055/2013 is again dismissed as there is  no fresh case is made out to review the order dated 29th July 2013.The judgement is reproduced below.                     
                 IN THE SUPREME COURT OF INDIA
         CIVIL APPELLATE JURISDICTION
    REVIEW PETITION (CIVIL) NO.2492 OF 2013
                       IN
    SPECIAL LEAVE PETITION (CIVIL) NO.23055 OF 2013
             U.O.I. & ANR...PETITIONERS
                                 VERSUS
        CENTRAL GOVT. SAG (S-29)    &ANR....RESPONDENTS          
                                   ORDER
    This Review Petition has been filed against
    order, dated 29thJuly, 2013, whereby the Special
    Leave Petition was dismissed.
                              Delay condoned.
               Prayer for oral hearing is rejected.
    We have perused the Review Petition as well as
    the grounds in support of the Review Petition. In
    our opinion, no case for review of order, dated
    29thJuly, 2013, is made out. Consequently,  
              the review petition is dismissed.
                     .,J.
            (SURINDER SINGH NIJJAR)
                      ,J.
       (FAKKIR MOHAMED IBRAHIM KALIFULLA)
    NEW DELHI
    NOVEMBER 12, 2013

    Saturday 2 November 2013

    HEARING OF SLP FILED BY UOI FOR ADMISSION DEFERRED BY TWO WEEKS

    The review petition filed by UOI against CAT PB judgement in  OA 655/2010 & DELHI HIGH COURT judgement  WP(civil) 1535/2012 in SUPREME COURT is listed to be heard on 12/11/2013.
     The fresh SLP in pre2006 pensioners 

    case filed by UOI against CAT PB & DELHI HIGH COURT JUDGEMENT IN SUPREME COURT , which is listed to be heard on 01/11/2013  is now deferred by two weeks & the next date of hearing will be on 15/11/2013.

    Thursday 10 October 2013

    CONTEMPT PETITION IN CAT LATEST NEWS

    CONTEMPT PETITION IN CAT PB NEW DELHI IS ADJOURNED TO 27/11/2013, SINCE UOI FILED SLP IN SUPREME COURT WHICH IS COMING FOR ADMISSION HEARING ON 01/11/2013.THE GOI COUNSEL ARGUED IN THE COURT TO KEEP CONTEMPT PROCEEDINGS IN ABEYANCE TILL SLP IS DECIDED BY SUPREME COURT.THE COURT DID NOT AGREED TO THIS PLEA. THE FULL BENCH OF THE COURT ISSUED NOTICES TO DOP & MOF(E).
    IT IS TO BE BORNE IN MIND THAT SIMILAR PETITION WAS DISMISSED BY SUPREME COURT EARLIER & WE HOPE THAT THIS SLP WILL ALSO MEET WITH THE SAME FATE. .LE T US WAIT FOR THE FINAL HEARING ON 27/11/2013