Course of further action recommended - sc or cat
Kanwal Jit Singh
(Querist) 05 July 2016
This query is : Resolved
Background
My father was a railway pensioner. He retired in 1974 and passed away in 2002. We had filed for the payment of Lifetime Arrears (LTA) of pension due to him. There is no issue of family pension.
The arrears have been paid in two parts - Nov 2014 and June 2016.
The first application was filed in 2003 by my sister - the nominee. However, nothing happened. I took over the issue in 2012 and started pursuing the matter and filed additional applications as additional facts emerged during the course of the follow up. The applications included
1. Payment of the additional LTA (paid in June 2016)
2. Interest on delayed payment of LTA (paid in Nov 2014 and that paid in June 2016)and
3. Revision in the pension based on 5th PC
While Issue 1 has been resolved, on the other issues there is total silence. I have exhausted all administrative routes available.
ISSUE BEFORE ME
I am now planning going to the courts for Issues 2 and 3.
In my opinion there are 2 routes available
1. Go to CAT Mumbai bench with 2 separate petitions.
2. Go to SC with civil contempt for interest and CAT for revision. I have significant evidence (as per my assessment) to prove willful disobedience for civil contempt.
Objective is to get money as also change the system so that future cases of other people do not have to take similar effort. For interest there is a general decision of the SC that I had invoked in my claim.
What course of action would you recommend?
PS I do not have any formal education in law. However have read extensively. No practical experience other than that required to solve my issues.
R.K Nanda
(Expert) 05 July 2016
Query too long .
R.K Nanda
(Expert) 05 July 2016
Query too long .
Rajendra K Goyal
(Expert) 05 July 2016
Without referring full case details / related documents, nothing can be advised. Discuss with local lawyer expert in service matters.
Kanwal Jit Singh
(Querist) 05 July 2016
Thank you for your time.
The query is - which course of action would be quicker - SC (contempt petition) or CAT application.
Sudhir Kumar, Advocate
(Expert) 05 July 2016
written a long narrative minus relevant facts.
Your blog is silent on vital issues :-
"filed additional applications"
BEFORE WHOM DEPTT OR CAT"
"as additional facts emerged"
WHAT WERE THESE FACTS
"Go to SC with civil contempt"
AGAINST WHICH ORDER OF SUPREME COURT
" CAT for revision"
WHETHER CAT HAS ALREADY FILED AN ORDER ADVERSE TO YOU.
"Revision in the pension based on 5th PC"
YOUR FATHER WAS ALIVE TILL 2002 HOW IT COULD HAPPEN THAT HE GO NO ARREARS AFTER 5TH CPC.
WHO IS BEING PAID FAMILY PENSION AFTER HIS DEATH.
HOW OLD HE/SHE IS WHETHER EMPLOYED OR NOT WHETHER MARRIED OR NOT.
"For interest there is a general decision of the SC that I had invoked in my claim"
WHICH DECISION YOU ARE DISCUSSION ABOUT AND HOW IT FITS IN YOUR CASE.
Kanwal Jit Singh
(Querist) 05 July 2016
My father passed away in 2002 - that is why the case is about Lifetime arrears of pension.
The arrears have now been paid by the Railways - hence that issue is closed.
The issues remaining are payment of interest on delayed payments and revision in pension.
Interest is payable even in the absence of administrative instructions - S K Dua vs. State of Haryana - SC decision dated Jan 09, 2008. Please read para 11 of the decision.
Dr J C Vashista
(Expert) 06 July 2016
What is the opinion and advise of your lawyer contesting your case?
Do you have faith in your lawyer or lost? If lost, change him/her immediately otherwise seek his guidance and there is no need to re-check his capability, efficiency, intelligence and strategy to handle your case.
Do not spoil your case by introducing new suggestion gathered by you just being FREE OF COST on this platform.
Sudhir Kumar, Advocate
(Expert) 06 July 2016
Agreed with Dr Vashista.
It appears that the said coulsel has been able to get to relief in a case which prima-facie appeared time bared.
Sudhir Kumar, Advocate
(Expert) 06 July 2016
the decision quoted by you is read.
It is not a finite judgement as the case was remanded back to High Court.
Kanwal Jit Singh
(Querist) 06 July 2016
I have not engaged any counsel. The entire exercise has been done by me.
The general principles has been laid down by the SC and then remanded back to the HC to try to suit. That is the purpose of a remand in my understanding.
When the general principle has been laid down and that has been included in the filings with the administrative authority. Silence would be tantamount to wilful disobedience - as per certain rulings.
ramesh
(Expert) 07 July 2016
Its not clear whether you had been to CAT and got orders for payment. if yes, you have the order of the CAT, you can file contempt application.
For approaching SC you have to exhaust all available channels.
You have to approach CAT first, by duly giving notice to the administration.
Kanwal Jit Singh
(Querist) 07 July 2016
I have not yet approached CAT - but only the Railway Administration.
Notice to administration I think is part of CPC and not PNJ - please confirm. CAT is based on PNJ.
I have served a notice on the Administration that if I do not get a response on the two issues remaining I am going ahead with judicial action.
ramesh
(Expert) 08 July 2016
Yes,despite the request and notice if you have not received any response from administration, you are entitled to approach CAT for orders / direction.
Sudhir Kumar, Advocate
(Expert) 09 July 2016
SO your request now is only for seeking payment of interest on delayed payment and nojthing else.
Please confirm if I am correct.
Kanwal Jit Singh
(Querist) 09 July 2016
Yes it is payment of interest on delayed payments.
There is another issue - that is revision in the pension. On which I have clarity that the matter can only go to CAT.
On the interest issue, I was in a dilemma - SC through contempt petition or CAT on implementation of SC judgment in S K Dua vs. State of Haryana - details given above. It was in reference to this dilemma that I put the post on this forum.
I do believe that even if I get a favorable decision from CAT, the administration will go to SC just to exhaust my energy if not anything else. There are many such examples in service matters.
Kanwal Jit Singh
(Querist) 09 July 2016
Mr. Sudhir Kumar I did not understand your point. Please elaborate
kavksatyanarayana
(Expert) 09 July 2016
As your father was a pensioner, after his death your mother is eligible for family pension. After her if there are any un-married or widowed or un-sound children are eligible. so your request had not been taken into consideration. consult your advocate.
Sudhir Kumar, Advocate
(Expert) 09 July 2016
"SC through contempt petition"
unless you completely close your mind from this phrase you cannot understand any worthwhile advise.
advocatepassy@gmail.com 971794
(Expert) 10 July 2016
Why don't you consult few lawyers in your city to understand what would be the right course. You are unnecessarily wasting precious time of learned advocates here.
