ஏழை GDS ஊழியர் வழக்கில் கூட உச்ச நீதிமன்றம் வரை அரசாங்கப் பணத்தில் மேல் முறையீடு செய்யும் அதிகார வர்க்கத்திற்கு இந்த தீர்ப்பு ஒரு சவுக்கடி !
Despite our request
not to file any SLP on the High Court Karnataka decision on fixation of pay of
PO & RMS accountants on promotion, the Department has filed SLP in the
Supreme Court as per the opinion of the Ministry of Finance. Now the supreme
court has dismissed the SLP. Now the Department has no option except implement
the Karnataka CAT and High Court decision. The Department should come forward
to implement the decision to all the similarly situated persons.
Kudos to Karnataka
Comrades.
The Supreme Court has
fined Rs. 50000/- to Department
A remarkable and
marvelous decision.
ITEM NO.9
COURT NO.5
SECTION IVA
S U P R E M E
C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil)....../2012 CC
10080/2012
(From the judgement and order dated 18/11/2010 in WP No.7593/2003,
of The HIGH COURT OF KARNATAKA AT BANGALORE)
CHIEF POST MASTER GEN.KARNATAKA CIR.& ORS
Petitioner(s)
VERSUS
S. MOHAN
KUMAR
Respondent(s)
(With appln(s) for c/delay in filing SLP)
Date: 05/07/2012 This Petition was called on for
hearing today.
CORAM :
HON'BLE MR.
JUSTICE G.S. SINGHVI
HON'BLE MR.
JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
For Petitioner(s)
Mr. R.P. Bhatt, Sr. Adv.
Mr. Ashok K. Srivastava, Adv.
Ms. B Sunita Rao, Adv.
Mr. B. Krishna Prasad,Adv.(Not present)
For Respondent(s)
UPON hearing counsel the Court made the following
O R D E R
This petition filed for setting aside order dated 18.11.2010 passed by the
Division Bench of the Karnataka High Court is accompanied by an application for
condonation of 445 days delay.
We have heard Shri. R. P. Bhatt, learned senior counsel representing the
petitioners and carefully perused the averments contained in the
application filed under Section 5 of the Limitation Act and are convinced that
there is no valid ground to accept the explanation offered by the petitioners
for delayed filing of the special leave petition.
We are further of the view that the Bangalore Bench of the Central
Administrative Tribunal did not commit any error by quashing the action taken
by the petitioners to re-fix the respondent's pay on the recommendations of the
Vth Pay Commission and the High Court rightly declined to entertain the
petitioners' challenge to the order of the Tribunal.
Learned senior counsel appearing for the petitioners could not put forward any
tangible argument to support re-fixation of the respondent's pay in the light of
the recommendations of the Vth Pay Commission. Therefore, we do not find any
valid ground to interfere with the impugned order.
The special leave petition is accordingly dismissed on the ground of delay and
also on merits.
For filing a frivolous petition like the present one, the petitioners are
saddled with costs of rupees fifty thousand which shall be deposited by them
with the Supreme Court Legal Services Committee within a period of eight weeks
from today. It will be open to the Central Government to recover the amount of
costs from the officers responsible for taking wholly arbitrary and unjustified
action for re-fixing the respondent's pay.
(Parveen
Kr.Chawla)
Court
Master
(Phoolan Wati Arora)
Court Master
(Phoolan Wati Arora)
Court Master
