Law Ministry never advised DOP & PW to implement qua
petitioners
Ministry of Law & Justice
Department of Legal Affairs
Dy.
No.1295/LS/2014
F. No.
38/77-A/09-P&PW (Vol.II)
D/o
Pension & Pensioners Welfare has referred this file to examine on the
following issues:
(i) The
Curative Petition filed in respect of OA No. 655/2010WP(C) No. 1535/2012/SLP
(c) No. 23055/2013/Review Petition No. 2492/13 has been dismissed by a Five
Member Bench of the Hon’ble Supreme Court headed by Chief Justice of India.
Therefore, we may implement the CAT/High-Court order in respect of petitioners
only subject to acceptance of this option by the CAT, Principal Bench in the
pending Contempt Petition. The implementation of CAT order will be subject to
the clarification sought from the CAT and mentioned in Para 2 above.
(ii) We
may implement the CAT order in respect of all pre-2006 pensioners subject to
the final outcome of the pending SLP No. 36148-50/2013.
(iii)
Although the Curative Petition has been dismissed. we may await the outcome of
SLP No. 36148-50/2013 before deciding on the question of implementation of CAT
order, subject to acceptance of this option by the CAT, Principal Bench in the
pending Contempt Petition.
2. It is
the case of Department of Pension that the order dated 1/11/2011 (Flag B)
passed by CAT in OA No.655/2010 in the case of Central Government SAG
Pensioners’ Association v/s UOI and Ors. had acquired its finality consequent
to dismissal of Writ Petition (C) No.1535/2012 titled as Union of India and
Anr. v/s Central Government SAG Pensioners’ Association and Ors. by the High
Court vide its order dated 29/412013 (Flag F). dismissal of SLP No.23055/2013
by the Apex Court on 29/7/2013 (Flag G). dismissal of Review Petition
No.2492/2013 by the Apex Court on 12/11/2013 and dismissal of Curative Petition
(C) No.126/2013 by the Apex Court vide its order dated 30/4/2014 (Flag K). In
these circumstances it is stated that order of tribunal passed in OA
No.655/2010 in the case of Central Government SAG Pensioners’ Association
(SUPRA) acquires its finality. It is also mentioned in the reference note that
a Contempt Petition for implementation of CAT order dated 1/11/2011 is pending
before the tribunal and is fixed for 15/5/2014.
3. In
other matters wherein the Deprtment have filed SLPs before the Apex Court
against the orders of the tribunal and the High Court and those SLPs are still
pending and the Hon’ble Supreme Court had recorded the statement given by the
Counsel of Respondents that ‘they shall not precipitate the matter by filing
contempt proceedings either before the High Court or before the Tribunal’ in
its order dated 19/11/2013 (Flag I). In these circumstances there is no
possibility for filing any contempt against the Department.
4. Having
exhausted all the possible available remedies. the Govt. is left with no other
alternative but to implement the order passed by the CAT, which has been upheld
by the highest Court of the land. In so far as the pending SLPs are concerned,
there may not be any objection in awaiting the final outcome of the cases
before taking a final decision.
May kindly see.
(R.S. Verrma)
Deputy Legal Adviser
08.05.2014
No comments:
Post a Comment