Tuesday, 6 January 2015

Update on Contempt Petition (Civil) No. 328 of 2013 - Hearing on 09 Jan 15

FINAL LIST                                                        SUPREME COURT OF INDIA                                      Page 19 of 85



25. CONMT.PET.(C) NO. 328/2013      N.K NAIR & ANR                              GP. CAPT. KARAN SINGH
IN I.A.NO.9/2010 IN T.P.(C) NO.                   VS.                                                          BHATI
56/2007                                                      SHASHI KANT SHARMA & ORS     MR. B. V. BALARAM DAS
XVIA A/N-D                                                        (WITH APPLN. (S) FOR
7TH LISTING                                                    AND OFFICE REPORT)

President, RDOA stated that Addl SG on behalf of UoI has prayed for 3 weeks to file a status report and also said of the contemnors, one has moved (Kumari Vandana Srivastava the CGDA as verified from the website!). 

Hopefully, with the OROP stumbling block removed, there may be some good news!!!!

Hon'ble Court has fixed next hearing for 13 Feb 2015.


  1. Dear Sir,

    So finally 09 Jan it is.

    Fingers firmly crossed!

    Pls let me take this opportunity to wish YOU a very Happy, Healthy, PROSPEROUS and FABULOUS 2015 Sir! _/\_

    warm regards,
    - Harry

    1. Thanks Harry, and best wishes to you & family for the best of health, wealth (OROP!) and happiness that a cocktail (no pun intended) of good health and wealth gives!

  2. Replies
    1. Having fought two arbitration cases on my own & having won them on merits,I do have a lot of respect for Honorable Judges that nothing gets past them specially when there is hard documentary evidence .
      So Sir I am just not hoping but am sure of it since we have merit (based on hard evidence) on our side & will have the honorable judges on our side too :)
      To add we also have dedicated soldiers/lawyers doing justice to our case

  3. Sir,
    Next date of hearing is 13 feb

  4. I am sure that the status report itself will be the proof of contempt since the second installment was given because of the contempt petition .
    It is also seen that till now the actual details of second installment has not been published (though paid to many of us) ,which shows the opaqueness of its CDA's working.Is this a deliberate attempt to cover its tracks or is it some thing else

  5. @Venkatesh VT:..actual details of second installment has not been published..

    You are right in a way but there is a GOI letter for phase 2, so no one can say the basis for phase 2 has been kept hidden.

    Some things are not clear, though. None of the blogs and forums have discussed these issues as well. For instance how have the post 01 Jan 2006 retirees been affected by phase 2? Were their last pays drawn affected and if so what is the effect on minimum of pay band salaries post 01 Jan 06? How have the pensions of those who retired before 01 Jan 06 been affected as a result for the period beginning 01 Jan 06?

    I don't know why these fundamental and immediate concerns don't get attention. These are separate and distinct from bigger issues like OROP, NFU and even the contempt petition.

    There may well be a need to keep the focus firmly on what is of immediate concern. Getting all mixed up will only make ESM's lose sight of what is currently at stake.

  6. No interest on arrears wef 01 january 1996 (rank pay II) has been paid from 01 january 2006 onwards. Not aware about rank pay I. On query and after lot of pursuasion, got reply that it will be paid in due course. Is it not part of implementation of order of 24 july 2014?

  7. Is it possible that RDOA has worked out some details since they may need to show some tables to the Honorable SC to show that CDA has not worked out the correct details.If not how will the Honorable Judges know what is correct
    I am posting this here since RDOA seems to be a little silent on these issues

  8. @Venkatesh VT ; @corona8: Your comment and reply respectively: "opaqueness of its CDA's working"; "no one can say the basis for phase 2 has been kept hidden"

    The letter issued by Govt was published in this blog post.

    As for effect on pensions, those who have received revised pension orders, based on 2nd instalment of Rank Pay arrears, could share how they have been affected. Or CDA could be contacted for details.

    It is certainly true this has no direct relationship at present to the contempt petition or OROP at present. At the same time, when, hopefully, a favourable verdict on contempt petition is received and last-pays again go up, there'll be an effect on the whole matter. Similarly OROP will certainly affect everyone's pension.

    In fact it is a blessing that pensions due to 2nd instalment of rank pay arrears are likely to be revised first, providing a clear base level for further up-gradations on account of contempt petition and OROP.

    Otherwise, who knows, some clever calculations of the IV CPC type could come into play, subsuming one up-gradation within another, giving benefit of only the larger amount, again giving veteran Officers another raw deal.

  9. As one of the recently impleaded contemnors has now vacated the post, will the HSC now ask for fresh impleadment of the person currently having the designation, as they did about a year back?

    By the time a new impleadment is done and case listed again, the people impleaded would also have retired or been transferred.

    There would be no end to this game.

  10. @aaa:"..No interest on arrears wef 01 january 1996 (rank pay II).."

    Quite a few reports like that about CDA.

    It is reliably learnt the Air Force payment authorities have effected interest payment along with arrears and as part of same statement.