filing of Review in CAT

Querist : Anonymous (Querist) 14 February 2011 This query is : Resolved
Sir,
one case(1994) of my dear one was dismissed by CAT recently citing by the Judicial Member that the case is time barred, but in another case heard one day earlier case having same facts & question of law same(case of 1989 for claim of compassionate pension) due to removal from Central Govtt,job was admitted for hearing 7 order was passed to dispose case by respondents. In year 2008 a rule has been issued that employees removed / dismissed from service who were NOT dishonest & their service record & disciplinary case file are available, are entitled for compassionate Allowance from dt of removal/dismissal.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 14 February 2011
If you are aggrieved by the order then in stead of admonishing the member of the CAT challenge the order of dismissal before the higher forum.

Raj Kumar Makkad (Expert) 14 February 2011
How can the facts and circumstances of case of 1989 and 1994 same and similar? There might be some difference either in the filing of the case within admissible period of limitation from the date of accrual of cause of action might be or may be some other legal cause. Anyhow, after the decision, you have no option but the challenge the judgment before High Court of your are so file it within limitation.

Kirti Kar Tripathi (Expert) 14 February 2011
You can not claim parity with other case. The facts and merits of another may be different from yours. However, you have a right to file review of challenge the order.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries