Filed by P.K. Biswal (Adv) 9891110925
Application for extension of time -------- Rs 12 (court fees)
Mr. Mahabir Singh, Sr, Adv
Gp. Capt. Karan Singh Bhati, Adv
Dr. Kailash Chand, Adv
Sd/Puran(?) 27/11/12
Recd copy Sd/ xxxx
271/11/12
Stamp
of Supreme Court of India – illegible in part
Sd/-------------
B. V. Balaram Das
(20)
27.11.12
*************************************************
IN THE SUPREME COURT
CIVIL ORIGINAL
JURISDICTION
I.A. NO 9 OF 2010
IN TRANSFER PETITION
(C) NO. 56 OF 2007
UNION OF INDIA AND
OTHERS …
PETITIONER(s)
Versus
N. K. NAIR AND OTHERS ….
RESPONDENT(s)
APPLICATION FOR
EXTENSION OF TIME
PAPER BOOK
(For Index Kindly see
inside)
ADVOCATE FOR THE
APPLICANT: MR. B. V. BALARAM DAS
INDEX
SR NO. PARTICULARS PAGE
NO
1. Application for extension
of time 1-7
to
comply order dated 04.09.2012 with affidavit
2. ANNEXURE A-1
True copy of the order dated
04.09.2012 8-11
Passed
by this Hon’ble Court in I.A. No. 9 of 2010
In
Transfer Petition (C) No. 56/2007
3. ANNEXURE A-2
Copy
of order issued vide letter no. 34(6).2012 12-13
D
(Pay/Services) dated 26.11.2012
*****
IN THE SUPREME COURT
CIVIL ORIGINAL
JURISDICTION
I.A. NO 9 OF 2010
IN TRANSFER PETITION
(C) NO. 56 OF 2007
UNION OF INDIA AND
OTHERS …
PETITIONER(s)
Versus
N. K. NAIR AND OTHERS ….
RESPONDENT(s)
APPLICATION FOR EXTENSION OF TIME TO COMPLY
THE ORDER DATED 04.09.2012 OF THIS HON’BLE
COURT IN I. A. NO. 09 OF 2010 IN T.P. (C) NO. 56/2007
To,
The Hon’ble
Chief Justice of India
And His
companion Judges of
the Supreme
Court of India
The humble application
of
the applicant above –
named
MOST RESPECTFULLY SHOWETH:
1. That this Hon’ble Court vide order
dated 04.09.2012 has disposed off a batch of transfer petitions including writ
petitions with regard to the rank pay. This Hon’ble Court has held that their
order dated 08.03.2010 does not require any modification or variation save and
except interest part. The Court took note of the facts that Kerala High Court
as well as this Hon’ble Court in its dismissal of department SLP in Major A. K.
Dhanapalan case did not order for payment of interest , the interest in the
present case shall be paid by the department to the respondent officers @ 6%
from 01.01.2006 instead of 01.01/1986 within twelve weeks from the date of
order. It is further clarified that this order shall govern all similarly
situated officers who have (not)
approached the court and also those who have filed writ petitions which are
pending in various High Courts and Armed Forces Tribunals. The four directions
of this Hon’ble Court are hereunder:
(i) Order dated 08.03.2010 of the Supreme Court which upheld the
legality of the judgment of the Kerala High Court for refixation of pay without
deducting of rank pay does not require any modification save and except
interest part.
(ii) Interest shall be paid by the petitioners to the respondents @
6% (interest) per annum from 01.01.2006 instead of
01.01.1986.
(iii) This order shall govern all similarly placed officers who have
not approached the court and also those who have filed writ petitions which are
pending before the various High Courts/Armed Forces Tribunals.
(iv) Arrears of pay with interest as directed above shall be paid to
the concerned officers expeditiously and positively within twelve weeks from
the date of order.
A copy of the said order of this Hon’ble Court dated
04.09.2012 is annexed herewith and marked ANNEXURE
A-1 (Page No. 8 to 11).
2. That after receiving the order the applicant/department
moved the file before the Ministry of Finance, Department of Expenditure for
implementation of the order date 04.09.2102 passed by this Hon’ble Court at the
earliest. The Finance Ministry “in principle” agreed to implement the
order.
3. That in compliance of this Hon’ble Court’s order the
Ministry of Defence in consultation with Ministry of Law & Justice and
Ministry of Finance has decided to implement the order dated 04.09.2012 passed
by this Hon’ble Court and for which necessary orders have been issued vide
letter No. 34 (6)/2012 – D (Pay/Services) dated 26.11.2012. A copy of the said
order is annexed herewith and marked as ANNEXURE
A-2 (Pages 12-13). That vide these orders Government has agreed to
implement part (i), (ii) and (iii) of the order dated 04.09.2012 passed bt this
Hon’ble Court. However, Ministry of defence is not able to implement till date
part (iv) of the order i.e. payment of the dues within 12 weeks from the date
of the order because of the following reasons: -
(i) Implementing the judgment involves three
successive Pay Commissions and most of the data prior to the period is not
available in computer and has to be compiled manually.
(ii) In case of pre-1986 retired personnel, in
addition to arrears, LPC, Leave encashment, gratuity and corrigendum to PPO is
required to be worked out which will take time.
(iii) The exact financial implication of the
judgment will be known only after each and every data is available. However,
based on available data inputs, request for budgetary provision is being made
to the Ministry of Finance to arrange the funds of this extraordinary
magnitude.
4. That Ministry of Defence is committed to the implementation
of the order. However, because of the constraints referred above, the
implementation may take another twelve weeks. Therefore, this application is
made bonafide in the interest of justice to grant further twelve weeks to
implement the order dated 04.09.2012 passed by this Hon’ble Court.
PRAYER
In view of the facts and circumstances of the case above
mentioned, it is most respectfully prayed that this Hon’ble Court may
graciously be pleased to:
a) extend by twelve weeks further time to comply the order
dated 04.09.2012 passed by this Hon’ble Court in I. A. No. 09 of 2010 in
Transfer Petition (C) 56 of 2007 etc.
b) pass such other orders and further
order/directions as is deemed just and proper in the facts and circumstances of
the present case.
AND FOR THIS ACT OF
KINDNESS THE APPLICANTS AS IN DUTY BOUND SHALL EVER PRAY.
Drawn by: Filed
by:
(FARRUKH RASHEED) (MR. B. V.
BALARAM DAS)
(Advocate) (Advocate
for the Applicant)
Drawn on: 27.11.2012
Filed on: 27.11.2012
IN THE SUPREME COURT
CIVIL ORIGINAL
JURISDICTION
I.A. NO 9 OF 2010
IN TRANSFER PETITION
(C) NO. 56 OF 2007
IN THE MATTER OF:
UNION OF INDIA AND
OTHERS …
PETITIONER(s)
Versus
N. K. NAIR AND OTHERS ….
RESPONDENT(s)
AFFIDAVIT
I, Praveen Kumar, aged about 46 years, Director, Ministry of Defence,
Sena Bhavan, Ministry of Defence, New Delhi – 110011 do hereby solemnly affirm
and declare as under:
1. That I am
Director of Ministry of Defence , Sena
Bhavan, Ministry of Defence, as well conversant with the facts and
circumstances of the present case thereby competent bto swear this
affidavit,
2. That the
accompanying application for extension of time from para 1 to 4 have been
drafted under my instruction based on the official record maintained in the
Ministry. Legal submission made therein
are believed to be true on the basis of legal advise obtained.
3. That
annexure annexed to the applications are true typed of their respective
originals.
Sd/------------------------DEPONENT
VERIFICATION:
That I the deponent do hereby verify that the contents of my
above affidavit from para 1 to 3 are true and correct to the best of my
knowledge and belief, nothing material have been concealed therefrom.
Verified at New Delhi this………..day of November 2012.
DEPONENT
(Author's note: Annexures have not been included as they are in the public domain)
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