Wednesday, March 9, 2011
Rank Pay case status as on 09 Mar 2011
The Case had come up for hearing today ie 09 Mar 11 in the court of Justice Aftab Alam & Justice RM Lodha. The UOI sought four weeks more time to file the affadivit as asked by the apex court which was granted to them. The next hearing has been fixed for 13 Apr 2011.
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23 comments:
I am reminded of an old saying in Malayalam, "Deivam varam thannalum, Poojari tharilla" (translated, it would read "When GOD grants you a boon, the priest would prevent it").
Here the Apex Court granted the prayers as early as 08 Mar 2010. The Priest (Govt of India in this context) has prevented implementation of the same even after a full year and still trying to put spokes in the wheel.
JAI HO!!
The Case Status on the web site of the Hon'ble Supreme Court now shows the next date of listing as 13th April 2011. It could be a systemal error, but the website case history shows the case having been listed as "0" times earlier. The case hierarchy does not show 'selectable' dates for 24 Feb 2011 or 09 March 2011 and thus the 'Record Of Proceedings' for these two dates can also not be accessed.
Previously, the record of proceedings for 24 Feb was visible.
Correction In Rrespect Of Preceding Comment: The record of proceedings for the 9th March is now viewable here.
@Col Mohan - with due respect to the Honourable Supreme Court's computer professionals even the 24-2-2011 hearing was for final disposal. So what is this Final Disposal on 13-4-2011? Sorry, am a plebian where legal matters are concerned.
That's between Ram Navami (12th) and Ambedkar Jayanti (14th).
@ Air Martial
Dear Sir,
1. Firstly I must say we miss your blog and your incisive posts. Wish you got back online for the same.
2. I read the following in one of the formations' 'Ops Room':-
"PERPETUAL OPTIMISM IS A FORCE MULTIPLIER!"
So I keep reminding myself of the same as far as this Rank Pay Case is considered and keep hoping (though admittedly, it gets belied every single time) that perhaps this would be the last date and the case would be finally disposed (favourably to us, ofcourse) but alas...
Final date will be when it is finally decided in our favour in the final hearing , as and when the SC gives THE FINAL ruling after UOI finally gets tired of going to the court. Till then we pray and wait. Can we do anything else?.Hope sustains life !
GURDEEP SINGH.
GROUP CAPTAIN (Retd )
Well, it has to be said, but for the hardwork and initiative of members of RDOA, the matter would have never progressed to the stage where each and every affected Officer, serving or retired, feels a sense of involvement. The history of the cadre is replete with examples of mutual hostility amongst one sub-classification and another. Some of the service arms/branches/streams have fallen easy prey to the machinations of the powers that be and have had scraps over what could only be called pieces of bone.
In sharp contrast to hideous mindsets that have consistently been a deterrent to the officer cadre getting its due, the efforts put in by RDOA have now so enthused even those who would not have lifted a finger to pursue such an arduous task, to now be ready to feel as one with the cause and to claim joint "ownership" of a future victory, which, incidentally, rightfully belongs to RDOA.
Hats off to RDOA.
Dear Air Martial,
I too am a plebeian on legal matters just like you mentioned. My observations are based on the updates I see on the website/Blog. As regards the final disposal on any date fixed by the Bench, I can only tell you that the Final disposal is far from sight; you would hear of more fresh dates even after 13 April. Lest I am stamped a real pessimist, I may say "Let's watch the serial and wait for the final episode in whatever way it turns". We have already past the Silver Jubilee of Maj Dhanapalan's case which ignited all the rest. a Golden Jubilee could also be an occasion to celebrate!!
@Harry, thanks and hope to resurrect the blog posts in the near future - am in a village where internet speed in 2-15kbps so by the time I access blogspot my train of thought is off-rails.
@Corona8 - 25years and the end not in sight but may be some day we will get the justice that is due to us.
So till then let us boost RDOAINDIA.
The plaintiffs should also simultaneously file a counter affidavit showing how the civilian persons salary was fixed. this will help the court in checking the govt affidavit and curb attempts to mislead it. plaintiffs must out think the govt. and act.
@ravindra: I'm not clear, like many others, if RDOA can file a counter-affidavit without first referring to the affidavit to be filed by UOI? Can it be done? Do provide some clarification on this.
am now doing under Bharatvasi (not Air martial)as people had objections.
What happened in the hearing TP (C) 56/2007? Justice Alam was also on the larger Bench for the Curative Petition in Bhopal Gas tragedy whose hearing was listed today.
What is the next date of hearing of the case announced by the Apex Court on 13 Apr 2011. I wonder if the case was heard on 13 Apr 2011! If there had been a positive disposal, it would have flashed across by now. Since nothing is heard so far, I presume that the expected has happened once again; the case is postponed to .... 2011!!! The FINAL DISPOSAL appears far fro sight!!
Surprisingly, no posts about postponement or any news on the 13.4.2011 hearing.
Could anyone plz update on what happened on 13 Apr 11, whether the Govt has filed the affadavit or sought some more time.What is the next date of hearing.
The web site of the Hon'ble Supreme Court states that the next hearing is fixed on 25th April 2011. Perhaps RDOA would let everyone know what transpired on the 13th.
I am at a loss to understand why RDOA has not mentioned any update on the case if the hearing was held on 13 Apr 2011. A search on the Supreme Court Website for Case TP No 56/2007 shows that the case is now listed for 25 Apr 2001 for next hearing.Only RDOA can clear the picture as on date.
Please read "25 Apr 2011' instead of "25 Apr 2001' in the previous post.
well one thing heartening to note is that the Honourable Supreme Court is not giving too much to time to the Govt. Another date within less than a fortnight is a positive development. They could have well given another date 3-4 months away.....I have a gut feeling that the Govt is going to get it hard on its knuckles on this particular judgement.
Lets hope for the best...!!!!
There is a provision in law that if an affidavit asked for by the Court is not filed, then the case is considered undefended and the Court proceeds ahead?
I am sure RDOA's lawyers know about it.
what happened on 27 Apr 2012.Any one to give latest news? Pl inform all concerned.Thanks.
Lt Col(Retd) CK Kaushik
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