1) take out contempt of court proceedings against Govt
2) govt would be forced to abide by decision of CAT
3) it should not take more than 6 months .
4) don give any undertaking as ought by govt
Pension is not finalized after retirement from service of 1.6 Yrs
Govt of India has imposed change of pay scale grade for central health employees all over India in 2006 year but after their decision they took back stating by default it has been implemented so for 3 years (2006-09) which you have got salary hike now taken back every month. Every employee all over India took stay from CAT of their respective state capital on it as no one want to payback. The case held for almost 10 years in every state court and some states faced favorable decision and some states got unfavorable. My father from CAT Lucknow got favorable decision on 22 Dec 2015 and till now Government has not implemented that decision. I have got suggestion from my surroundings that if, I go for contempt of court then something can happen but I want to know how much time it will take in sorting this issue as Govt of India is pressuring to my father to provide undertaking that he is fine with old pay scale grade and my pension + full & final settlement need to be done on this basis. Our fight is that till his last salary drawn on 31st Jan 2015 was on higher pay scale grade means new one which Government has wrongly implemented but now when pension is getting finalized they are taking undertaking on old pay scale grade which is totally wrong as this will follow till end of life and no changes will be done. Till 1.6 year my father is denying and waiting for Government decision as Delhi Head Quarter people tell this that they are working and will come back to us shortly. I & my father can’t wait more as my sister’s marriage is on our head and we need money urgently. Delhi Head Quarter people saying that you will get justice once Law & Justice Department makes decision but we know that they don’t want to do so and playing with us till now. They are also advising that you can provide us your written statement and once decision is made you will get all your arrears. If we go for written statement then local lawyer or other people suggesting that you have surrendered your win – win case and no one will provide your new scale grade pension as you have surrendered with your consent. Please help us.
Asked 8 years ago in Labour
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4 Answers
Since there is a decision in your father's favor by CAT he has to initiate further legal course of action on it to enforce the decision.
The decision by government of India will never come because the officers sitting there will not initiate any action during their tenure to avoid the wrath of their superiors.
You Can file a contempt of case against the GOI for not obeying court verdict and releasing the benefits due to you.
Thanks a lot for your kind answer to Mr. Ajay & Mr. T Kalaiselvan. I still have some below concerns. 1. What is guarantee of contempt of court will bound Govt to take action as they still not obeyed CAT order. It might be possible that they can take this case to High Court and I will be back to square again. I think Govt follows only High/Supreme Court orders only as it is applicable for All over India Central Health Department Retired Employees. 2. If case goes to High Court then it can/might be possible that provisional pension which my father is getting on quarterly basis will be stopped. Govt can state that no such amount will be released as full & final settlement + provisional pension will be decided after court orders only. 3. As per discussion with Govt officials they said without undertaking Full & Final Settlement will not be done and only provisional pension you can get utmost. So please suggest me how can I take this (Full & Final settlement needs to be done immediately while this case can be finalized later on). They should not stop this at least. 4. Can I send application or Lawyer (notice) need to do so stating that expenses such as lawyer fees etc. need to get payed to us on priority? Humiliation also needs to be covered in it. Provisional pension should also come on monthly basis not quarterly. 5. I am not afraid of duration of case but need to know how much time (approx.) it can take in worst scenario to get all this finalized after contempt of court as I am self-believed that Govt don’t take any action. As you know Govt is authority and they are playing till now with their ex-employees & CAT decision. I have sent 100 of emails to concern officials who have to take decision with hard copy but they are least bother. 6. As I am urge of money so can we provide conditional undertaking stating that full & final settlement should be done and will wait for final pension pay scale grade. Today my father went to office for signing provisional pension letter and their accountant suggesting him why you are not providing any undertaking and making your life hell. 7. Overall me and my father is on fear of doing contempt or any other legal work as we need money and can’t arrange from outside as it is huge amount. If we go for in depth of case then we require more money to fight against this case and our purpose of getting money will also not be solved. So we are looking something handy that we can get our full & final amount and case will goes like this. At least our neediness can be covered from it.
Asked 8 years ago
1) litigation is long drawn process and unless you have deep pockets you should not litigate
2) you have good case on merits as Govt has willfully and deliberately flouted Tribunal orders
3) more than 8 months have passed and no appeal has been filed by Govt . decision of Tribunal is binding upon Govt
4) there is no guarantee that Govt would not file any appeal now
5) in case appeal is filed court can direct Govt to comply with Tribunal orders and pay provisional pension pending hearing and final disposal of appeal
6)lawyer notice can be to Govt to comply with Tribunal order .
7) your lawyer can guide you as to time taken for disposal of contempt of court case . may take around a year at least
8) if you dont want to litigate give undertaking sought by Govt . conditional undertaking would not be accepted by Govt
1. It will be more beneficial to your father if the organisation takes up the matter with the high court or supreme court, because the verdict by CAT is very clear and the honorable courts shall pass verdicts confirming the CAT verdict.
2. It is not so, he can file petition for continuation f the existing arrangement and the high court will consider his application in this regard.
3. The government officials with whom you had discussion are not the authority, ask them to give their this decision in writing, hey will certainly not give it. Hecen dont break your head on this, if you hae decided to fight it legally, go till the end.
4. Your father can send an application for regular pension but not claiming lawyer's fee.
5. The problem with you is that you ct more than required. Sending 100 mails will not fetch you fruitful result, instead you will earn only irritations from the government staff resulting into putting your matter into trash.
The government officials whether they do your job or not will be getting their salary, hence deal with them legally instead of irritating them. You could have sent the communication by a registered post which would have been more effective than the emails.
6. As I mentioned above, the staff are not the authority to decide the fate of the issue, it is the court which has to decide now, hence allow your father to function as per his own decision.
7. Till you fight it out legally you cannot achieve, you can avail the services of free legal aid available in all the courts.