| Case Status
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Status : PENDING
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| Status
of :
Contempt Petition (Civil)
328
OF
2013
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N.K NAIR & ANR
.Vs.
SHASHI KANT SHARMA & ORS
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| Pet.
Adv. :
GP. CAPT. KARAN SINGH BHATI
Res. Adv. :
MR. B. V. BALARAM DAS
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| Subject Category :
ORDINARY CIVIL MATTER
-
T.P. UNDER ARTICLE 139A(1) OF THE CONSTITUTION OF INDIA
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Listed
6
times earlier
Next Date of listing is :
09/01/2015
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| Last updated on Dec 6 2014
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Well my prediction was that it will be listed only after mid dec 2014.Now we can be really rest reassured that the postponements were not a routine affair.
ReplyDeleteEven the civil cases connected with pre 2006 pay cases are suffering a similar treatment
Why is he not taking a bold and right decision on one rank one pension.I have served the navy for 33 years doing duties of 24 hours one in three days and that is in addition to my normal working hours for which there was never any compensation.the babus in the hierarchy wants to not recognize and put road blocks because they think they suckled better milk from their mothers but forget that it is your armed forces which keep you safe and let you sleep in peace whilst we fight for our countrymen and go fearless during war and natural calamities.why isn't the citizens questioning the government.you custodians of the country borders can't fight through the unions or any other forums.I love my citizens of this country fight for us because we have sacrificed so much including lives.JAI HIND.
ReplyDeletehttps://in.news.yahoo.com/narendra-modi-s-6-month-report-card--hits-and-misses-061207395.html
ReplyDeleteand this in response to his failure despite talking big
@satya sajja: This blog post is about the rank pay contempt petition hearing. What has OROP got to do with that?
ReplyDeleteBut, as you have mentioned it, let me put this to you, how does the Govt lose anything by not implementing OROP this year, the next year or even in the year of the next election?
Will any party lose an election if all ex-servicemen AND serving personnel vote against them?
Will the services HQs pressurize the Govt to implement it? Pressurize how?
Can we ever even think of saying defence of our nation will get compromised if OROP does not come through? No! The question does not arise.
There is no litigation about OROP unlike in the rank pay case. See, even when the legal case for rank pay was won after decades, we are still waiting for a full realization of our dues.
The fact is, promises can be made and broken on OROP without people and the Govt. losing much sleep over it.
That seems to be the reality and first of all that needs to be recognized by all those affected.
Information, informal, is that a Writ petition is being prepared and would be filed soon. Will keep readers informed on progress.
Deleteas i understand this blog is not about rank pay but about the govt unfulfilled promises.looks like you got me wrong because that is what i have written on yahoo and forwarded the link.please read that and then comment.
Deletethanks
@satya sajja & corona8,
DeleteThis blog is about keeping anyone who cares to read, informed on issues concerning pay and allowances of Veterans and serving personnel - Rank Pay, NFU, OROP, JSM for 7th CPC and any issue that may arise.
This post is on the postponement of the hearing scheduled in the Hon'ble Supreme Court on 05 Dec 14 to 12 Dec 14.
Nature operates on the law of 'Cause and effect'. Till we build up sufficient cause, the effect we yearn will not manifest. Those enlightened are old school and matter less, the ones that matter being the edge of today's sword are blissfully unaware.
ReplyDeleteWe live in a nuclear world.
Delete70% of the Veteran officers and 3% of serving officers (those in ranks of Capt to Brig & equivalents from 1986 to 2005).
And NFU involves officers in Pay Bands 3, 4 and HAG but not a single Veteran.
The modern generation of AF personnel, Officers, JCOs, ORs and equivalents is more aware thanks to twitter, face book, emails (and chain emails!) than we of the snail mail, grapevine, and "corridor gossip" generation!
Sir, would NFU not also affect veteran officers as post NFU retirees would have higher pensions?
DeleteYes, sir but was not included because as it is the cup is brimming with woes - (1) OROP, (2) effective date 1.1.2006 or 24.9.2012, (3) Rank Pay, (4) Effect on ceiling for 4, 5, and 6 CPC refixation etc.
DeleteNFU - well, will it be w.e.f.2009 as given for civilians? Or 1.1.2016 because the tenure on 7 CPC recs is from that date?
The rank pay matter also affects pensions of Officers who retired before 01 Jan 2006.
ReplyDeleteThere is no clarity as yet whether CDA is waiting for the contempt petition to be finalised before undertaking the task of revising PPO's on account of increases across the board in last pays drawn.
I haven't heard of anyone having received any pension arrears on account of increase in Last Pay Drawn due to phase I as well as Phase II of rank pay arrears payments.
It is also not clear if CDA has accepted they would have to pay the same interest on pension arrears caused by revision of last pay as was applicable to the rank pay arrears.
https://twitter.com/Sunlit_Tweets/status/539369804600074240
@sunlit : I have received intimation that pension arrears resulting from rank-pay arrears are yet to be calculated or paid, at least in a great number of cases. There is no information on payment of interest. Perhaps this is something RDOA could consider covering in the contempt petition coming up for hearing.
ReplyDeleteThis won't be pleasant news, but the hearing has now been postponed, yet again, this time to 9th January next year.
DeleteGrapevine that opinion of law officers being taken on whether and how to proceed; may have been inspired by Govt not intending to challenge the Hon'ble High Court of ruling in the Vodafone case where IT Dept had claimed Rs 30000 crore or so.
ReplyDeleteBut it is grapevine (and grapes are not in season!)
@Taaza Khabar: "..whether and how to proceed.."
DeleteUnless the petitioners agree to adjournments on those grounds, or the Hon'ble Supreme Court grants an adjournment, in this case, several adjournments/postponements, the matter can't be delayed in this fashion. In any case, I don't think there is much of a choice on the whether to proceed aspect you have speculated upon.
A contempt petition has been filed and it has to be proceeded with.
The question is on what grounds have these "postponements" taken place?
Are these with the consent of petitioners?
Were these adjournments requested by the UOI legal team?
Is there some form of out-of-court settlement on the anvil?
Or is it just a normal matter of delays our judicial system is characterised by?
@corona8, perturbed as we all are by the change in dates for the hearing, I spoke with Veteran Gp Capt Karan Singh Bhati, the Advocate on Record. He clarified that the dates are generated by computers and then depending on the load of the Court, the dates are amended and the authority is the Final Causelist, which comes out about 2 days prior to the hearing date. He also assured that the matter was well in hand and I should not read too much into the changes in the dates generated by the Court's computer
DeleteSir, thank you for that information.
ReplyDeleteI suppose then these delays fall under the last possible category I had listed in my last comment. The computer lists can merely reflect realities of the pace at which justice moves.