If the Counsel on our behalf has sought adjournment, he should be immediately be replaced. If the Counsel on behalf of Union of India has been dragging the case by praying for adjournments after adjournments, we should submit before the Hon'ble CAT not to grant a further single adjournment as it is confirmed that the DOPT or UOI etc. have nothing to contest in this matter and the Hon'ble CAT may please treat the next date as final date for hearing and pronouncing judgement accepting in toto the grounds for relief sought by our Confederation.
I have heard that one Mr. Siva Gurunathan & others of Southern Railway, Chennai have won the case for parity of pay scales and the UOI has gone for Review before the Hon ble Supreme Court in Review Petition (Civil) No.3202 of 2013. It is understood that the Review Petition has been disposed of by the Apex Court on 28.1.2014. I infer that in every court, citing the Review Petition filed by UOI, the Respondents have been dragging the cases; Now that a finality has reached by the disposal of the Review Petition by the Supreme Court (at least for the petitioners) the Govt. is left with no option to implement the same. Brothers in Southern Railway may render assistance in the matter to know the details of the case, the disposal details,and the implementation status etc. so that others could think of follow up action. I am unable to trace the cases through Internet. Moderator/ Administrator may explore the possibility. Relevant case Nos are: SLP: 19892/2013, WP 5393/2013 before High Court/ Madras, O.A. No. 658/2010. Review Petition (Civil) No. 3202/2013 before Supreme Court.
Further to my above post on 30.1.2014, I am to state that Southern Railway administration has issued office orders, granting the benefits of parity of pay scale and gazetted status ONLY to the four petitioners on 5.2.2014, when a contempt petition was coming up for hearing before the Hon'ble C.A.T. Madras Bench on 6.2.2014. This action is based on Railway Board's instructions to grant the benefits - in personam- that too, subject to judicial proceedings, if any, pending/ contemplated before any court of law. By issuing the office orders on 5.2.2014, the contempt petition has been closed. Now, it is for us to take a cue and make representations to our Establishment divisions to extend the benefits to the similarly placed persons, without forcing such persons to approach the courts. Someone can try RTI route to get relevant details and then make use of the same in the C.A.T. case, as the matter is now settled by the Apex Court. The principles laid down are common for all and the judgement of the Supreme Court has become the law of the land.
If the Counsel on our behalf has sought adjournment, he should be immediately be replaced. If the Counsel on behalf of Union of India has been dragging the case by praying for adjournments after adjournments, we should submit before the Hon'ble CAT not to grant a further single adjournment as it is confirmed that the DOPT or UOI etc. have nothing to contest in this matter and the Hon'ble CAT may please treat the next date as final date for hearing and pronouncing judgement accepting in toto the grounds for relief sought by our Confederation.
ReplyDeleteI have heard that one Mr. Siva Gurunathan & others of Southern Railway, Chennai have won the case for parity of pay scales and the UOI has gone for Review before the Hon ble Supreme Court in Review Petition (Civil) No.3202 of 2013. It is understood that the Review Petition has been disposed of by the Apex Court on 28.1.2014. I infer that in every court, citing the Review Petition filed by UOI, the Respondents have been dragging the cases; Now that a finality has reached by the disposal of the Review Petition by the Supreme Court (at least for the petitioners) the Govt. is left with no option to implement the same. Brothers in Southern Railway may render assistance in the matter to know the details of the case, the disposal details,and the implementation status etc. so that others could think of follow up action. I am unable to trace the cases through Internet. Moderator/ Administrator may explore the possibility. Relevant case Nos are: SLP: 19892/2013, WP 5393/2013 before High Court/ Madras, O.A. No. 658/2010. Review Petition (Civil) No. 3202/2013 before Supreme Court.
ReplyDeleteFurther to my above post on 30.1.2014, I am to state that Southern Railway administration has issued office orders, granting the benefits of parity of pay scale and gazetted status ONLY to the four petitioners on 5.2.2014, when a contempt petition was coming up for hearing before the Hon'ble C.A.T. Madras Bench on 6.2.2014. This action is based on Railway Board's instructions to grant the benefits - in personam- that too, subject to judicial proceedings, if any, pending/ contemplated before any court of law. By issuing the office orders on 5.2.2014, the contempt petition has been closed. Now, it is for us to take a cue and make representations to our Establishment divisions to extend the benefits to the similarly placed persons, without forcing such persons to approach the courts. Someone can try RTI route to get relevant details and then make use of the same in the C.A.T. case, as the matter is now settled by the Apex Court. The principles laid down are common for all and the judgement of the Supreme Court has become the law of the land.
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