Delay in enforcing cat orders whether amount to contempt?
kuldeep kumar
(Querist) 08 October 2011
This query is : Resolved
I NEED EXPERT ADVICE ON FOLLWING MATTERS-
A)A PERSON JOINED AS TRAFFIC APPRENTICE IN YEAR 1978 AND DID TRAIING FOR 3 YEARS AND HE WAS GIVEN CADER OF SECTION CONTROLLER IN RAILWAY ON COMPLETION OF HIS 3 YEARS TRAINING.CADER RWVIEW TAKEN PLACE IN YEAR 1984 WITH BENIFIT FRO 1.08.1982 BUT THIS BENIFIT WAS NOT GIVEN TO SECTION CONTROLLER CADER WHEREAS OTHER CADER WAS GIVEN THIS BENIFIT FRO SAME DATE 1.08.1982.WHEREAS SECTION CONTROLLER CADER WAS GIVEN BENIFIT FRO 1984 INSTEAD FRO 1982.DUE TO INJUSTICE CONTROL CADER APPROACHED COURT WHICH ORDERED TO CORRECT THIS CADER INJUSTICE AND ALLOWED BENIFIT TO CONTROL CADER W.E.F 1.08.1982.ABOVE COURT DECISION GRANTING RELIEF OF CADER INJUSTICE AFTER 15 YEAR I.E 1999.
DURING THIS 15 YEAR PERIOD CONTROL CADER REMAINED JUNIOR IN GRADE WHICH RESULTED IN NON CONSIDERATION OF CONTROL STAFF FOR PROMOTION AS PER SENIORITY.VARIOUS EXAMINATIONS FOR PROMOTION ON THE BASIS OF SENIORITY BY RLY ADM FOR WHICH CONTROL CADER WAS CALLED AS BEING JUNIOR THAN THEIR CONUTERPARTS WHO ATTAINED SENIORITY BEFORE CONTROL CADER.AFTER THE OUTCOME OF JUDGEMENT OF SC IN 1999 THE WHOLE SENIORITY FRO 1.08.1982 WAS REVISED AND CONTROL CADER WAS TREATED AS SENIOR THAN THIER OTHER CADER FRO 1.08.1982.
AFTER 1999 THE FIRST CHANCE FOR PROMOTION
WAS GIVEN IN YEAR 2003 WITH CONDIDATES HAVING REVISED SENIOITY WHEREIN I WAS ONE AMONG THOSE WHO QUALIFIED FOR NEXT PRONOTION IN YEAR 2003 IN GROUP 'B'.
I JOINED G'B SERVICE FRO 22.01.2004.I CLAIMED MY SENIORITY WITH THE PERSONS PROMOTED EARLIER DURING PERIOD FRO 1982 TO 1999 WHO WERE JUNIOR TO ME AND IN ADDITION WERE WORKING IN NEXT HIGHER GRADE I.E SENIOR SCALE WHICH IS HIGHER TO GROUP 'B'.
NOW I RETIRED ON 31.01.2008 WITH JUNIOR SCALE OF GROUP 'A'.WHEREAS JUNIOR TO ME WERE WORKING IN SENIOR SCALE WHICH IS HIGHER TO GROUP 'A' JUNIOR SCALE.
AFTER RETIREMENT THE FOLLOWING RELIEFS ARE GRANTED TO ME AS UNDER-
1)I WAS GIVEN PROFORMA FIXATION W.E.F 1992 AT PAR WITH MY JUNIORS AND ON ACTUAL BASIS WITH EFFECT FRO DATE OF JOINING ME IN GROUP'B'.
2)I WAS NOT GIVEN SENIOR SCALE WHICH IS OF GRADE 10000 TO 12200 AT PAR WITH MY JUNIORS.
3)ALL THESE ABOVE MENTIONED BENIFITS GIVEN TO ME WERE DUE TO AS PER CAT JODHPUR ORDERS IN YEAR 2006 WHICH WERE DELAYED BY RLY ADM AND GIVEN TO ME AFTER MY RETIREMENT IN 2008 DUE TO THE REASONS BEST KNOWN TO RLY ADMINISTRATION.
kuldeep kumar
(Querist) 08 October 2011
DURING THIS 15 YEAR PERIOD CONTROL CADER REMAINED JUNIOR........IT MEANS AN EXAMINATION FOR GROUP B WHICH WAS HELD IN 2004 IN WHICH I COULD NOT APPEAR DUE TO BEING JUNIOR FOR ABOBE MENTIONED REASONS.ONE SUCH EXAM WAS HELD IN 1992 WHEREIN MY JUNIORS APPEARED AND PASSED BUT I WAS NOT CALLED.I PASSED THIS EXAM IN YEAR 2004 AND NOW CLAIMING ABOVE MENTIONED RELIEFS.
ANY CASE,GUIDANCE IS WELCOMED
Raj Kumar Makkad
(Expert) 08 October 2011
A clear discrimination seems has been done with you and therefore you should file an appeal before Jodhpur High Court against the order of CAT which has partially accepted your claim.
So far loss due to non appearance in certain examinations is concerned, the compensation in such cases cannot be counted and even cannot be measured and there are various assumptions and presumptions attached thereto. May be you would not have cleared the examination in comparison to other similarly situated candidates and in that case, you would have remained junior to them and so on. Only notional benefit can be provided in such cases.
For relevant citation visit and obtain after due labour from the following link:
http://search.conduit.com/Results.aspx?q=judgment%20of%20supreme%20court%20of%20india%20on%20discrimination%20in%20promotion&hl=en&gil=en&SearchSource=13&SelfSearch=1&SearchType=SearchWeb&ctid=CT3080215&octid=CT3080215&meta=all
kuldeep kumar
(Querist) 08 October 2011
injustice is very clear sir rule 228 of indian railway establishment n manual says no work no pay but in fact railways given benifit.this is what i want to put as defence agaist railway.when they given benifit fro 2002 to retirement of a grade on which employee did not work then why should we not claim for further relief.further rellief is monetory benifit.they have given irts scale but senior scale with monetory benifit is not given.so i should approach high court jodhpur sure sir.
