COME SEPTEMBER!!
The case was listed today in apex court no 7 at item no 2. As usual the Solicitor General (SG) was on his legs. In juducial parlance it means that he is on another case in another court hence not available. The UOI asked for a pass over/or next week. The court said it can be only listed after vacation (May/Jun). RDOA requested for as soon as the courts open after vacation in July to which the court replied that they are already heavily loaded. Earliest can be September, so be it.!!! Let me assure you that there is no helplessness /anger / depression or frustration. It only makes your resolve more stronger. Greater nuisance value lies ahead when the court orders implementation of its order of 08 Mar 2010. RDOA is prepared for all.
"If Mahatma Gandhi would have got depressed / shown helplessness India would never have got freedom"
We wait for September.
The case was listed today in apex court no 7 at item no 2. As usual the Solicitor General (SG) was on his legs. In juducial parlance it means that he is on another case in another court hence not available. The UOI asked for a pass over/or next week. The court said it can be only listed after vacation (May/Jun). RDOA requested for as soon as the courts open after vacation in July to which the court replied that they are already heavily loaded. Earliest can be September, so be it.!!! Let me assure you that there is no helplessness /anger / depression or frustration. It only makes your resolve more stronger. Greater nuisance value lies ahead when the court orders implementation of its order of 08 Mar 2010. RDOA is prepared for all.
"If Mahatma Gandhi would have got depressed / shown helplessness India would never have got freedom"
We wait for September.
35 comments:
Since the RDOA states that it has been at this case for 5 years now, what else can one say? Hope we are on our legs when the SC decides in our favour and not carried out feet first (deceased) when and if the case concludes.
Patience is ok , but there has to be some legal remedy to this , as it is certain that SG is deliberately maneuvering this. Why? can't Apex COURT take in writing his availability and then decide the date.As his other dates are not just coming suddenly.
Well...now it is Sep 12, then it could be New Year and the cycle continues ad nauseam. Meanwhile many more veterans would leave this world w/o getting their dues. Even if this Verdict FINALLY ARRIVES SOMEDAY, rest assured GoI would balk and just do nothing unless RDOA goes back to Court with Contempt Petition (a la Rohit Shekhar Vs ND Tiwari Case). Again the similar story of endless dates would be played out in the Court. Meanwhile it will be time for 7th Pay Commission. People may mock at this now but this scenario is HIGHLY LIKELY seeing the state of affairs. BTW how many anomalies have GoI resolved for AFs concerning 6th CPC (which did not require Court's intervention) and what about pending 5th CPC anomalies, some of which still exist in part case files covered in layers of dust in some dilapidated basement, mice-infested office in MoD?
No one is expected to have infinite patience unless it is 'Him'?
Wow,
The scenario seems to be have been played out to perfection by SG and GOI. Wait for September? Why?
Even if the Court asks SG as to when can he be available, he can always fall sick on that date, and then what do you do? Question is why only SG has to appear? Is there any legal rulings on this? Why can not some one else appear on behalf of GOI? I am sure there must be 100s of other legal officers in the team of SG>
any one please educate us
The expected has happened. Come September and we should be prepared to hear a similar story again!!
Well, there's nothing to it but renew our determination to wait it out till September. As good an occasion as any to reminisce of that movie from the very early 60s with the title Come September.
So it will be September 12, 2012 to decide on the next hearing date.
I am now totally convinced that there is no hope. The govt only listens when caste, religion, votebank appeasement or violence is there or expected. Ex Servicemen have neither and Govt and bureucracy realises this.Sadly it is true that the judiciary also sides with the Govt on contentious issues. Do we need any more proof that this case is hanging fire for nearly 3 decades and more than 2 years since the last SC verdict, and yet the bench does nothing.
I am equally amazed at the silence of the senior ranks within the services. What is so difficult for the Chairman of COSC to take up the issue strongly with the Govt, why the media is silent, why the Chiefs are keeping a stoney silence.
Sorry friends, I have no reason to be optimistic of our judicial system. This is India. The politico, bureaucratic and judicial system will ensure that this issues dies its natural death.
I am sorry to eat my own words not to write till and after final disposal.
2. Many of us appreciate RDOA for being at this for 5 years and attending every hearing on our behalf and for our benefit, but surely there must be a legal remedy to ensuring that final disposal.
3.It is strange that advocates for both sides cannot find out the availability of the SG. Aren't his other cases also listed? If they are, why not ask the Court beforehand for a change in dates on the prayer that SG will only be available on that/those dates when he is not on his legs.
4. High Courts have punished petitioners for delaying disposal and surely our lead advocate is aware that the Bar can act against the SG.
As the Mad Hatter (or was that Alice) said "it is getting curiouser and curiouser."
@--:"..curiouser and curiouser.."
There is actually a danger of third paries, impatient with the state of affairs, to initiate some parallel legal process, further complicating the situation.
It would be interesting to learn why can't an ex-parte judgement be sought from the Hon'ble Supreme Court given the clear record of 'non-availability' of the UOI legal team to argue in respect of an application for recall of order they themselves have filed?
Air Mshl Savur Sir,
I completely agree with you. For how long can we (and the hon'ble judges) keep tolerating SG's absenteeism? It may happen once, it may happen twice but can it be allowed to go on endlessly? Unless RDOA has very strong reasons (which are not known to us) to let the 'law take its own course' and not push for early verdict (and one such reason could be that if we are seen pushing around then judges may not be pleased and may pass a judgement which is counter productive and inimical to our interests) such seemingly endless drift is hardly helping matters. Now that Sep listing is announced, RDOA is requested to ensure selection of a date of hearing which has SG's availability and if SG again manages to pull wool over learned judges' eyes by doing a disappearance act yet again for the nth time, then least judges (supposed to be much wiser then a dimwit like me) can do is either ask Addl SG to represent and plead the Case on UoI's behalf or pass Ex-parte Order (I guess there is no caveat filed by UoI in this Case, so Ex-parte Order should not be a problem after so much delay in the Case).
Anyway now we all can keep twiddling our fingers till Sep 12 and keep counting addl interest pennies as a small consolation!
The causelist shows fresh cases already -
1ST LISTING: T.C.(C)No.31/2010 WITH
T.C.(C)No.32/2010
XVIA FRESH
1ST LISTING
T.C.(C)No.33/2010 1ST LISTING
T.C.(C)No.35/2010 1ST LISTING
etc
2. If RDOA does not want to put its strategy on the blog (and thereby not disclose cards close to its chest), it could call for a meeting at which the legal team could address the members who attend on why it is happy to let matters linger.
The Judges probably cannot initiate any process suo moto because the respondents are not asking for it.
What is the use of waiting for another 5 years because 90% of the captains in 1986 would then be between around 60 years of age and the Brigadiers in their 80s.
Curiouser and Curiouser!
The following are listed for 04-9-2012:
I.A. No. 9 in TRANSFER PETITION (CIVIL.) NO(s). 56 OF 2007
[FOR FINAL DISPOSAL)
WITH
W.P. (C) No. 268/2010
(With office report)
[FOR FINAL DISPOSAL]
T.C. (C) No. 11/2010
T.C. (C) Nos. 14-19/2010
T.C. (C) No. 31/2010
T.C. (C) No. 32/2010
T.C. (C) No. 33/2010
T.C. (C) No. 35/2010
W.P. (C) No. 34/2009
[FOR FINAL DISPOSAL]
I am sure there must be some interaction between lawyers on both sides to check out on basic things like attendance / availability etc. Of course that depends on how high mighty each think they are.
Would it be a folly to guess that the case is fixed for Final Orders and hence the arguments/pleas from either side are over. If that be, then why does the Bench insist on the presence of SG? Final Orders could be passed and transmitted to the SG who may read it at his own time whenevr he is free!!
Could anyone throiw some light please?
@Abe and Col Mohan,
We have seen the orders of 8.3.2010, we have read the comments of Maj (retd) Dhanapalan and Navdeep Singh on the affidavit filed with IA 09/2010 and also the Addl Affidavit. We have read about the affidavit on how pay was fixed for the Armed Forces officers entitled to Rank Pay and IFS/IAS/IPS officers drawing the same scale pre and post 4th CPC.
Learned SG (Shri Fali Nariman)had made certain submissions.
An average IQ person like me reads each cause list and the orders after each hearing. They do not list the SG as the Advocate for the UoI as Petitioners, then how is it we are seeing this procrastination, obfuscation?
What is it that only the SG knows and none of the slate of advocates, including Sr Adv Mahra representing UoI know? Is it possible that what the RDOA fears is what the UoI is trying to do - influence the Bench?
Interesting reading
SC Ruling on Advocates-on-Record
In March 2010, the Supreme Court passed a judgment to review guidelines about the role and responsibilities of AoRs. The issue attracted the Supreme Court’s attention as thousands of petitions were being filed by AoRs without much consideration. The court bench, comprising of Justices Aftab Alam and B S Chauhan, pointed out that several AoRs have resorted to signing petitions as a mere procedural formality. As a result, many Advocates-on-Record fail to attend hearings and take responsibility for conducting the case. Such a practice is tantamount to disservice to the Indian judiciary as it impedes effective administration of justice.
From the Supreme Court Handbook
Priority Listing of certain matters:
Cases of certain categories such as (i) cases of accused in jail,
(ii) cases of senior citizens, (iii) cases of out of job persons, (iv) cases
under Prevention of Corruption Act, (v) Matrimonial Cases, (vi) group
matters, (vii) cases required to be heard by 3-Judges Bench and (viii)
old matters are accorded priority in listing for regular hearing, in order
to ensure that such cases are heard and disposed of expeditiously.
For this purpose, all cases of these categories are included in the
Terminal List and while generating weekly list and daily list, computer
automatically gives the specified priority to such matters.
Aren't we all senior citizens?
It is rather shameful on the part of UOI to ensure availabilty of the SG on a case of a Jawan to deny him disability pension of Rs 500/- in the apex court but NA on a case where thousands of officers are affected. Is it Rajniti or deny niti till the veterans phase out?
@Satty's Corner,
Why are RDOA, of which we are members, not wanting to take up why the UoI/MoD and SG are apparently ensuring that the SG does not be on his legs in this case?
Col Satwant,
Dear Sir,
Clearly SG is fooling the system by picking and choosing the cases on a specified date and hence his alibi is holding. Unless RDOA's learned lawyers expose the 'game' being played by SG and UoI and insist on Ex-Parte Order by the Court (should SG again absent himself on 4th Sep), NOTHING WILL CHANGE and TAREEKH PE TAREEKH WILL CONTINUE :(
PS: Quoting Mahatma may no longer provide solace to the soul of the veterans who depart for their Heavenly Abode in the intervening period. :(
RDOA could seriously consider restricting content, by way of comments on this public Blog, that could be even remotely termed as libellious or defamatory lest individuals giving ill advised opinions here compromise the hard fought legal battle of RDOA.
@Dhoop,
Many days since I commented though I read every post.
In Services we were taught, trained and practiced being frank, truthful and obedient. What did we get ahen we retired? We pay bribes for the smallest of things.
This is a slew of cases that is of interest to LUCKY (pardon my using capital letter) living but retired officers and not so lucky deceased retired officers. How does what we have seen from 15.11.2010 not boil our blood when so much delay takes place? RDOA has enrolled us a members and can't members ask questions? Then why have a AGM in the DSOI? let it be run by the managing committee (of which I was a member in 1999-2001) it?
We should not only grow old but also keep learning every morning when we wake up alive. We msu also fight and ask RDOA to fight.
@Dhoop,
Many days since I commented though I read every post.
In Services we were taught, trained and practiced being frank, truthful and obedient. What did we get ahen we retired? We pay bribes for the smallest of things.
This is a slew of cases that is of interest to LUCKY (pardon my using capital letter) living but retired officers and not so lucky deceased retired officers. How does what we have seen from 15.11.2010 not boil our blood when so much delay takes place? RDOA has enrolled us a members and can't members ask questions? Then why have a AGM in the DSOI? let it be run by the managing committee (of which I was a member in 1999-2001) it?
We should not only grow old but also keep learning every morning when we wake up alive. We msu also fight and ask RDOA to fight.
@All But Stupid:"..What did we get.."; I fully empathise with the sense of let-down that afflicts a vast majority of us veterans.
I fully endorse the idea of learning from the exceptionally talented RDOA team through questions.
I do feel, however, that there is a need to guard against statements, opinions and accusations on this 'public' blog which could be potentially damaging, in a legal sense, to the cause RDOA is pursuing on behalf of every one of us.
So let us NOT lose that perspective and confine ouselves to the "win-loss" syndrome. Let us ask questions for the owners of this blog have the prerogative to delete posts that compromise our case.
E & OE
@Aerial View: I do not recall seeing your comment. My apprehension was of a general kind that comments ascribing motives to or questioning the professional integrity of the UOI or their legal team ought not to jeapordise the reputation of this blog, or otherwise have any unforeseen reprecussions on the legal battle itself.
@dhoop,
From what I have read of Aerial View, there wasn't any comment or suggestion to mar the integrity of UoI or the legal team that represents either the petitioner or the respondents as they are represented by a phlanx of advocates.
The disquiet is that one side seems to ride roughshod over the other resulting in delays.
Not every one is sanguine about the accumulating amount. I spend 30% of my annual pension+interest on fixed deposits, after paying income tax,financing education of about 25 school children and 5 engineering/medical college students of poor parents. I look forward to being able to assist more children if the case is resolved and arrears amount is paid sooner than later. My helplessness when I see the faces of children I cannot help makes me wonder why we are sanguine.
Air Marshal (retd) S Y Savur
@-- : A truly noble sentiment, Sir. I do get the point that unless an unimpeded progress of due processes of justice is clearly discernible, a definite change in strategy may need to be examined by the RDOA team.
AM.Savur sir,
A big salute to you personally.
I, like many veterans do feel pity and sorry for the state of affairs.It is only that MOD legal cell which may be plying hell.I do not think the RM ever knows that the MOD has approached the RM for his final ok for the review petition.
My humble suggestion is to approach RM and explain the facts of the case (NOT THRO' MOD)officials but at any personal level.I am sure he will understand the situation in which the names of MOD and his personal names are being utilised WITHOUT HIS KNOWLEDGE.
V.Sundaresan
@WG.CDR.V.SUNDARESAN(RETD): As far as I recall, the matter of this nature of litigation was brough to the personal attention of even the Hon'ble Law Minister. It is extremely doubtful the Hon'ble Raksha Mantri would not be aware of the matter.
Besides, the terminal phase of the litigation being so close, it would be imprudent and unwise to activate any other channel. Luckily, capable and informed legal minds already appear to have the matter well in hand on behalf of RDOA.
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