Dear friends,
Namaste.
The implementation of the Subramaniam verdict has become one of the burning issues as on date due to indifferent response from the administration in r/o its in rem implementation. The most unfortunate thing is that it is not being implemented even despite of the dismissal of the review petition of the CBIC by the Hon'ble Supreme Court. Its benefit, however, is certain to be given to all of the affected officers at an early or late date.
In 2016, an OA was filed in the Hon'ble CAT of Delhi for its in rem implementation which has not been finalised till date despite of the application of early hearing and is posted for the month of September now. The reason of its long penedency in Delhi CAT seems to be the huge number of cases being dealt in this Hon'ble CAT.
In the meantime, the petitions were filed in the various CATs including Allahabad, Ahmedabad, Patna, Mumbai, Hyderabad, Bhopal, Ernakulam, Chandigarh etc. by our officers/unit and, as was expected, favourable verdicts were given in these petitions. Needless to say that the advocates got huge money as legal fee in these cases based on the number of the petitioners.
At some places, the orders given were of in-rem in nature like Allahabad, Patna, Chandigarh etc. The latest one being from Chandigarh on 22.05.19. The para 8 of the verdict is reproduced below-
“8. We expect from the respondents to also examine the
cases of other similarly placed persons in the department to extend them the
similar benefits, so that they need not approach the Court of law to seek
similar benefits, as have already been granted to a specific category,
otherwise this Court would be constrained to take coercive measures against the
respondents for willful disobedience of the order of this Court.”
Allahabad CAT also ordered to implement the verdict with all consequential benefits with effect from
the dates that officers had completed four years of service in the Grade Pay of Rs.
4800/- (i.e., pay scale of the Superintendent) alongwith the interest at such
rates as might be found just and reasonable in the facts and circumstances of
the case. It was further ordered that the respondents would ensure that the benefits of the judgment
referred above are given to all the persons who are entitled to the same
whether they are retired or are in service and that this exercise is to be
completed within a month from the date of the receipt of certified copy of the
order.
But despite of specific and in rem verdicts, in rem implementation of the case is still awaited.
Consdering all ifs & buts, it has already been planned to file contempt on the issue in the Hon'ble Supreme Court as well as Allahabad CAT based on the verdict given by the Hon'ble Supreme Court that the non-petitioners can also file contempt petition. This can, however, also be filed in the Hon'ble CAT of Chandigarh. The relevant paper have already been provided to the advocates on the issue.
The issue was also discussed with the Member (Admn) in the 12th meeting and a view also came to file a consolidated petition including all officers who are yet to be given benefit.
Accordingly, due to the strategic reason, one consolidated petition now may be filed in any of the CATs making all of the remaining officers petitioners in it alongwith the Association at a place where the verdicts are coming at fast speed. One of the such CATs may be Mumbai CAT.
So, all of the units are requested to prepare the list of the remaining officers in the concerned zones/Commissionerates. All of the affected officers are also requested to contribute a nominal amount to the concerned unit of the Association for the cause, so that the petition under reference may be filed. It is necessary to make the Association one of the petitioners to give the benfit of the verdict to the officers being due in future also ruling out the possibility of denial of the benfit to them by the administration on the ground of being non-petitioners.
Loving regards,RAVI MALIK,
Secretary General,
AIACEGEO.
