Tuesday, May 27, 2014

CAT Judgement Dated 15-05-2014 Reg Contempt Petition for Modified Parity to Pre-2006 Pensioners
C.P. No.158/2012
O.A. No. 655/2010
M.A. No. 1228/2014
New Delhi, this the 15th day of May, 2014
1.Central Government SAG (S-29)
Pensioners Association
Through its Secretary Shri Sant Bhushan Lal,
C-5/21, Grand Vasant,
Vasant Kunj,
New Delhi-110 070.
2.Shri Satish Varma,
Retd. Chief Engineer, Central Water Commission,
Ministry of Water Resources,
Govt. of India,
Resident of B-6/8, Vasant Vihar,
New Delhi-110 057. .. Petitioners
(By Advocate : Shri Nidesh Gupta, Sr. Advocate with Shri Sushil
Malik, Shri M.K. Ghosh and Shri Tarun Gupta)
1. Mr. R.C. Misra,
Secretary to the Government of India,
Department of Pensions and Pensioners Welfare,
Ministry of Personnel, Public Grievances and Pensions,
Lok Nayak Bhawan, Khan Market,
New Delhi-110 003.
2. Mr. Sumit Bose,
Secretary to the Government of India,
Department of Expenditure,
Ministry of Finance, North Block,
New Delhi. .. Proposed Contemnors/
(By Advocate : Shri Rajesh Katyal and with Shri D.S. Mahendru
with departmental representatives Ms. Tripti Ghosh,
Director and Shri Harjit Singh, Dy. Secretary)
By Hon ble Mr. Justice Syed Rafat Alam
C.P. No.158/2012
This is an application for initiating contempt proceedings against the respondents for not carrying out the judgment/order of the Tribunal dated 01.11.2011 in O.A. No.655/2010 and connected cases.
2. At the outset, Shri Rajesh Katyal, the learned counsel appearing on behalf of the respondents, on instructions from Ms. Tripti Ghosh, Director and Shri Harjit Singh, Dy. Secretary, submits that the Curative Petition preferred by them has already been rejected by the Hon ble Apex Court by order dated 30.04.2014, and that the Ministry of Law has advised the Department to implement the aforesaid order of the Tribunal qua the petitioners. He submits that some reasonable time may be given to them to implement the aforesaid order.
3. In view of the above, we are of the view that no purpose would be served by keeping this matter pending and it would be appropriate to dispose of the matter with direction to the respondents to implement the directions of the Tribunal expeditiously, preferably within three months.
4. With the above order, this Contempt Petition stands disposed of. Notices issued to the alleged respondents/contemnors are discharged.
M.A. No. 1228/2014
In view of the fact that Curative Petition has been rejected by the Hon ble Apex Court and also in view of the submission made by Shri Rajesh Katyal, the learned counsel appearing on behalf of the respondents, on instructions made by the departmental representatives, that they have been advised by the Ministry of Law to implement the order of this Tribunal, in our view the Miscellaneous Application No.1228/2014 has become infructuous, and the same is, therefore, rejected.
(Dr. Birendra Kumar Sinha)       (V. Ajay Kumar)             (Syed Rafat Alam)
Member (A)                Member(J)                         Chairman
                                                     NEW DEVELOPMENTS

            The people of biggest democracy in the world, India gave full mandate to the BJP and NDA under the leadership of Sri Narendra Modi and the new cabinet will be sworn in on 26th.The CG employees especially the Postal Employees are anxious about the policies and priorities of the new Government. In fact the UPA Governments gave budgetary support for the modernisation of the Department and more than ten thousand crores were given and the IT based projects are in the middle. Still more support is required for the continuation of  CBS The licence for the much awaited PBI has to be approved. The UPA constituted 7th CPC and merger of DA and Interim relief was left out. We have to watch the policies of the New Government towards the Employees.

            There will be change in the Secretary, Department of Posts from June. We express our gratitude and bid farewell to Mrs P.Gopinath for her tireless efforts in installation of CBS project in the Posta Office and pioneering the cause of Post bank of India which is becoming the reality now as RBI conditionally agreed for the PBI We welcome the new Secretary with new ambitions and taking the demands of Postal Staff further in a positive way.

            The memorandums to the Pay commission are submitted. Our main demand is getting a fair and higher pay scale to the Group C employee which was denied by the subsequent pay commissions. Better training and working conditions in the new environment .Restoration of allowances which were snatched away .Scientific based promotions for the higher responsibilities as the present MACP and hierarchy promotions did not give any financial benefit, but increased the workload and responsibilities. The pay band and Grade pay and merger of pay scales destroyed the relativities. An agreement was signed on the cadre restructuring of the Group C employees on 28th April . Under these circumstances we are facing the pay commission with just demands.

            With the above background the JCA met on 25th May decide to submit separate memorandums on the pending demands and decide the future course of action. Let us watch the new Developments seriously and face the new situation by keeping the powder dry.