Tuesday, November 22, 2011

IV CPC Rank Pay Case Date

AS ON 22 NOV 2011
Case came up for hearing today 22 Nov 2011 in Court no 10, the Court of Justice RM Lodha & Justice Goakale. The UOI pleaded that the case has been assigned to the Solicitor General (SG) and he only would deal with the case. The SG was not available hence a fresh date be given. The courts would be closed for winter vacation from 15 Dec 11 to 02 Jan 12. First week of Jan earmarked for MISC cases hence case be listed in third week of Jan 2012.




jimmy 48 said...

Well said !!

corona8 said...

Well, the next date is now 18th January as per the latest order of the Hon'ble Supreme Court of India.

-- said...

Wouldn't it be fair (and not amount to Contempt or influencing/pressurising) to mention to the Honourable Judges, On of whom presides over this Bench, at the next hearing that the matter of re-considering the Orders of 08/03/2010 would be almost 2 years old. Many more old warriors will die and then the UoI will again bring up an affidavit that only 10% or 15% of the similarly placed officers would be affected and it would be "more" (sic) impossible for the present CDA workforce to implement orders of the SC of 08/03/2010, if upheld.

S Y Savur

Col LK Anand Retd said...

It is well established now that the UOI through the solicitor General (SG) is deliberately trying to delay this case. The SG also makes it convenient to absent himself from the hearings on a regular basis. As a result, inspite of the final judgement in the case having already been delivered on 8 March 2010, the finalisation of the case appears to be nowhere in sight.

It is felt that the approach of the UOI and SG to deliberately delay and mislead the Hon'ble Supreme Court is certainly contemptuous and malicious and it would be in fitness of things, for them to be suitably penalised in accordance with the law of the land. Could an ex parte judgement in favour of the petitioners be delivered in the case?

Airco said...

RDOA may consider highlighting to the SC the high number of adjournments UoI has sought in this case to seek immediate , ex-parte final orders. The Courts can pass ex-parte orders if they are convinced that a respondent is playing truant...

corona8 said...

Well, the court order states, "UPON hearing counsel the Court made the following

By consent of the learned senior counsel and the
learned counsel for the parties, list this group of matters
on a non-miscellaneous day for final disposal in January
2012, i.e., on January 18, 2012."

There must have been sound reasoning for learned counsel to accord that consent.
18 January is barely two months away.

Brig AK ANAND said...

It appears that Bakre ki man has been afflicted with CANCER THAT PREVENTS IT BEING PUT UNDER THE KNIFE! GOD help us if SC does not take UOI to task for this gross misuse of legal process by the UOI. cAN WE NOT MAKE AN APPEAL FOR INTERVENTION BY CJI ? Brig AK ANAND(Veteren)23 Nov 2011

Cdr Rajinder Giani said...

Can we give it some publicity in the media?

ravinder said...

i think a detailed writeup be made giving all details of the case,the delaying tactics of SG of UOI in the print media to focus attention.
air cmde R Kumar

ravinder said...

print media is best option to highlight our case


It appears that the advocates from RDOA have submitted meekly to the suggestion of the govt counsel.
At least our lawyer could have protested in writing, OR asking for a contempt of court WARNING if even in the next hearing same story repeats, OR, the case must be decided EX-PARTY in the next hearing if the same delay tactics continues.
Also, there must be a time limit prog.for implementation of the ruling, which is already ordered by SC

-- said...

In the 25 and 26 November 2011 issues of Deccan Herald, Bangalore, there were 2 articles - first (by Sudhanshu Ranjan) questioning the expeditious imposition by a Pune court, upholding by the High Court and non-interference by SC for a fine of Rs 100 crore imposed on a TV channel for displaying the wrong photograph of a retired SC judge for defamation, whilst a case filed by an ISRO scientist in 1999 in the Trivandrum court for defamation hangs fire and the second article by a lawyer (Gautam Bharadwaj) about how the media conducts its own trial(s) etc.

Author(s) of the write-up may keep these and the Contempt of Courts Act 1971 in mind, whilst writing a factual article/leaflet.

Air Mshl (retd) S Y Savur

Col Mohan said...

The only silver line in the clod is that the Order states"for final disposal in January 2012, i.e., on January 18, 2012".
Let us hope that is the final on 18 January 2012; this way or the other!

Airco said...

I hope that in the present case,there will not be a series of "final"; e.g., quarter final and semi final...! My own experience with courts is that they allow lots of "final" opportunities and chances to litigants if they plead for deferment!

corona8 said...

@Col Mohan:"...silver line in the clod..." Actually, the previous few orders of the Hon'ble Supreme Court after hearings on the case have also included the phrase final disposal.


At least in the next hearing, ie, 18-1-2012, rdoa advocates should not submit meekly to another adjournment, for whatever reasons may be.
they should first protest, preferably in writing, ask for contempt of court proceedings against the SG, and ex-party decision with a time frame schedule.
then only the Hon'ble SC will understand the feeling and the game plan of the govt.


dear RDOA, pl give us the gist of the contents of the rajya sabha committe's recommendations.
and their benefits to all ranks.

corona8 said...

@WG.CDR.V.SUNDARESAN(RETD): The Parliamentary Committee had nothing to do with the topic of this blog post, viz., "IV CPC Rank Pay Case Date".
However, I'm sure the blog owner would consider enlightening everyone on the matter in a separate blog post.

For those who wish to go through the committee recommendations, here is a link.