Non-Implementation Of High Courts/CAT Orders
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)
RAJYA SABHA
STARRED QUESTION NO. 257
(TO BE ANSWERED ON 10.08.2017)
NON-IMPLEMENTATION OF HIGH COURTS/ CAT ORDERS
*257. SARDAR BALWINDER SINGH BHUNDER: Will the PRIME MINISTER be pleased to state:
(a) whether Government is aware that several Ministries have not been implementing the judicial orders of High Courts/Central Administrative Tribunal (CAT) for the last more than five years, if so, the details thereof and the reasons therefor; and
(b) whether Government has received any representations against non-implementation of CAT orders by any Ministry and if so, the details in this regard and the action proposed to be taken on non-implementation of Court/CAT orders?
ANSWER
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)
(a) & (b): A statement is laid on the Table of the House.
*****
STATEMENT REFERRED TO IN RAJYA SABHA STARRED QUESTION NO. 257 BY SARDAR BALWINDER SINGH BHUNDER FOR REPLY ON 10/08/2017 REGARDING NON-IMPLELMENTATION OF HIGH COURTS / CAT ORDERS
(a) & (b): No Sir. No such case of deliberate non-implementation of the orders of Hon’ble High Courts or Central Administrative Tribunal (CAT) has come to notice. Government holds the High Courts/Central Administrative Tribunals in highest esteem, and has the greatest regard for their orders. Government is also well aware of the fact that non-implementation of orders constitutes contempt of Court which may lead to penal consequences for all the officials concerned. The only event in which the orders may not be implemented is when a judicial review of the Court orders before a higher judicial forum is sought and decision thereon is pending.
The responsibility for implementation of the orders of the Hon’ble Courts/CAT is of the Ministries/Departments concerned and no centralised data is maintained regarding implementation or otherwise of the Court orders received.
However, the Department of Personnel & Training vide OM no. 28027/1/2016- Estt.A-III dated 16.3.2016 (Copy annexed) has issued guidelines / instructions to all Ministries / Departments to treat the orders received from Court with proper care and to ensure that timely action is taken at each stage of a court case. Litigation should not be allowed to prolong to the extent that it results in contempt proceedings.
Source: Rajya sabha
k v venugopal Rao says
Sir I hony Sub Maj Retd on 01 jul 2016 but not get any 7 CPC areas till date and pension of 7 CPC till . ple intimate likely date of isuue of new pension and areas.
Radhakrishnan Nair P K says
In this connection I would like to bring to your kind notice that CEMILAC,DRDO,Marathahalli Post.Bangalore 560037 is yet to implement the order of the Honourable CENTRAL ADMINISTRATIVE TRIBUNAL, Bangalore Bench order dated 22 Nov 2013 against the Original Application No. 1383/2013 to 1386/2013 filed by DRDO retired Scientists including myself to consider the 2 additional increments granted to us during our service towards determining the basic pension, even though the Honorable High Court of Karnataka, Bangalore has dismissed the review petition filed by CEMILAC, DRDO, Bangalore against the above CAT order vide their order dated 9th June 2017.
BALACHANDRAN NAIR PK says
The pensioners are left little money and the Govt is not implementing the CAT/High court orders . As for govt there are lot of advocates to file petitions against the court orders. I had been pursing the matter of GP Rs.4600 for the last five years or so representing the matter to all most of all authorities upto Hon’ble Prime Minster. The objections are from Department of expenditure. In a latest ID No.1(9)/E.V/2015 dated 08.06.22016 from Sri U.S. Thakur, Under Secretary says among other things that “As such, the pension of the employees who retired before 01.01.2006 from the pay scale of rs.6500-10500 would need to be revised only w.r.t. Rs.4200”. In a similar case, the CAT Kochin bench has already allowed GP 4600 to a postal Dy. superintendent vide OA No.180/00526/2016 dated 16/03/2017 allowing GP 4600.
So what I am thinking is to petitioning to Hon’ble Prime Minsters of UK and China since our Prime Minster has not taken any action on my representations. Only one Section officer is dealing such burning problems of aged central pensioners just relaying what the lower formation said. My representations were against it. But relaying the earlier decision nullifying the authority of PMO. It is very clear that CAT Kochi and Bangalore judgments are flavoring to sanction grade pay of Rs..4600 for those who retired prior to 1.1.2006 in the pay scale of Rs.6500-10500, Let god save Ms. Annie G.Mathew IAS Joint secretary (Pers) of Department of Expenditure, Fiance Minstery who is deadly against of sanctioning GP 4600 to we like pensioners who served for more than 40 years for bettering the nation and for a small drop of water she is against it.
BALACHANDRAN NAIR PK
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Siva Prabhakara Reddy Kallam says
It is noticed that in some genuine and justified/admitted cases also prolonging the litigation by unnecessary contesting. Govt.Departments and specifically in some zones of Railways. Ministry of personnel,Public grievances and Pensions to look into the matters.
basavaiah says
Sir,
w.r.t Sri.H.N.Gopalaswamy’s coment dated Aug. 15 2017, I think GOI may not take any action to implement the court order before finalization of revision of pension.
D. P. Singh says
SUBJECT: NON-IMPLEMENTATION OF HIGH COURTS/ CAT ORDERS.
Under above I wish to draw kind attention of Govt. DR. Jitendra Singh (Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office.) The OM issued by your Dept.. dated 23rd June 2017 and There after Corrigendum to this dated 21st July 2017, So far these Orders ahs not been implemented by CSIR. Due to this old/very senior pensioners who are very near to the end of life are suffering and are under tension as after a long fight in courts and spending enormous money still such orders issued after Hon,ble court judgments are not being implemented even after about 2 months, IS it not a contempt to court.
H N Gopalaswamy says
It is understood that . Will the Govt respect the CAT Ordersin a contempt petition before the CAT Bangalore the Govt Advocate is seems to have admitted that the Grade Pay of 4600/- to S-12 scale (6500-10500) central pre-2006 retirees will be implemented. SO far it is not implemented. It is better now for the GOVT to issue orders when pension is being revised and the revised PPOs are being issued, there by avoiding issuing another revised PPO to all such retirees and for the Banks to pay arrears twice
Gopalaswamy Honnavalli