Friday 19 April 2013

Truth For Free - VI - Affidavit for Extension of Time to Comply



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)
 

I.A. NO           #[1]        0F 2012

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)







































[1] Assigned IA No. 11 of 2013

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