Timeline for implementing courts order

Time limit for implementing the decision is three months. In the given facts, the period commences from the date of the High Court. 

The proceedings filed in the High Court is not an Appeal, but a Petition under Article 227 of the Constitution. The opposite party can move the Supreme Court through SLP. And, invariably, the Government files SLP as a matter of routine,

The fact of the matter is that the Government slack in implementing Court's Orders, esp. in Service matters. The Applicants need to follow up through Implementation or Contempt Applications.

Thank you venuji for your kind reply.

One quick question. If the petitioners (i.e. Union of India) chooses to file SP, do we need to file any caveat before that? Or we will get the notice from court as and when the SLP is filed? Thanks.. 

You can file an execution petition to execute the CAT orders after the expiry of the time limit for preferring SLP before supreme court.

If you would like to be informed in advance before granting a stay order by supreme court, you may file a caveat petition before supreme court to prevent government getting an exparte stay order  against the orders under appeal.

Thank you Kalaiselvan ji and Venuji for your kind reply.

We have fought this case as advocate-in-person. During our struggle, we had to read and learn a lot. At many occasions, I have sought guidance from the members on this forum. Those guidance and suggestions from professionals like you have always been like a light in darkness, showing the path ahead and help us keep moving forward.

Do keep giving your valuable suggestions. Thanks again, and god bless you.  

Sorry for my delayed response.

In my considered opinion, filing the Caveat does not serve any purpose. It may even result delaying the implementation of the court order. Supreme Court admits (or, rather grants leave) only in exceptional cases. Majority of the SLPs are dismissed at the admission stage itself. However, once the Caveat is filed the Supreme Court needs to issue Notice to the Respondents. Pursuing a case, even filing a Caveat, would be expensive. As such, the prudent course is to pursue implementation by filing an IA or a  Contempt Petition immediately on the completion of three months.

By the way can you disclosed the Case Nos. in the High Court as well the CAT so that we can have an understandng of the issue.

Thankyou Venu ji.

The case number in high court is: 1714/2024 (MP High Court).

It can be googled also at following link:

https://indiankanoon.org/doc/82404123/

Regards

Rajesh

I have gone through the High Court Judgment. I am of the opinion that the Supreme Court  is unlikely to admit the SLP. if at all filed.