Can a clear judgment end up as conditional and without relief in a CCC judgment? Here is a pathetic story of an ailing pensioner. Reportedly, as per Pension Act and Pension Rules, the Last Pay Certificate (LPC) is the sole basis for determining pension and any reduction in pension can be made only on vigilance or disciplinary grounds, only with the notional assent of the Governor.
As usual, in this victim's case too. this rule was given a go bye and an arbitrary order was issued by an Asst Director of a Dept., which in turn was wrongly implemented by the AG's office, without verifying that the orders are from authorized officers. Thus started the endless court visits of my ailing friend, who is a pensioner.
In Feb'09, after marathon hearings, a single judge gave an absolutely clear and unconditional order to restore the pension as per LPC, give arrears and also to refund the wrongly deducted amount with interest within a specified period. When the Dept neither implemented nor challenged the order within given time, the pensioner filed a CCC and also caveat, which is being renewed and is in force even now.
In all the 6 hearings on CCC held in different benches, Govt advocate unfailingly sought a months time to file objections for reasons best known to him. Each time, he was given lesser time than asked, but still he didn't say that he filed any.
In the last hearing in Dec '09, in front of the bench of hon Judges, the Govt advocate handed over a letter to Petitioner and orally informed the hon bench that the order is being implemented. Unable to read between the lines, the ailing pensioner thankfully took the letter and went home happily.
That letter was a copy of the Principal Secy's letter to the Commisioner of the Dept,.stating that the 'Single judge order will be implemented, subject to the outcome of the appeal pending against the same' (single judge's order). Neither a copy of the said appeal nor its number was informed to the ailing petitioner by the Dept or the Govt. Advocate in court or outside earlier or later.
However, later a copy of CCC Judgment was obtained and it stated as said by Govt Advocate, citing the appeal no. and also that the CCC is closed. When the victim enquired in the office about the appeal, he was told there is a 'delay of more than 240 days'.
Now finally, the Dept officials and the Govt advocate apparently had the last laugh, by creating a catch-22 situation! No relief till disposal of appeal and the appeal can't be taken up till the delay is condoned, for which they may not press at all.
Thus Petitioner pensioner is denied relief and justice, because an clear order has now been tied by a condition, which is like staying it indefinitely. It shows the cleverness of the officials and Govt. Advocate, in meeting their objective.
However now, the question is whether the CCC judgment can be recalled with a request to make the judgment unconditional and free from riders ? Let them first implement the single judge's order and then appeal. Is there a time limit for recall ? Is there any other way out apart from appealing to SC ? Can some experts suggest how to get out of this tangle ? The ailing pensioner is dejected as many lawyers don't know answers for these questions.
