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Wednesday, August 22, 2012

SLP filed in Hon. Supreme Court against Karnataka High Court decision on fixation of pay on promotion to PO & RMS Accountants dismissed

Despite our request not to file any SLP on the High Court Karnataka decision on fixation of pay of PO & RMS accountants on promotion, the Department has filed SLP in the Supreme Court as per the opinion of the Ministry of Finance. Now the supreme court has dismissed the SLP. Now the Department has no option except implement the Karnataka CAT and High Court decision. The Department should come forward to implement the decision to all the similarly situated persons.
Kudos to Karnataka Comrades.
The Supreme Court has fined Rs. 50000/- to Department
A remarkable and marvelous decision.
ITEM NO.9                   COURT NO.5                 SECTION IVA
S U P R E M E   C O U R T   O F    I N D I A
Petition(s) for Special Leave to Appeal (Civil)....../2012 CC 10080/2012
(From the judgement and order dated 18/11/2010 in WP No.7593/2003, of The HIGH COURT OF KARNATAKA AT BANGALORE)
CHIEF POST MASTER GEN.KARNATAKA CIR.& ORS                            Petitioner(s)
S. MOHAN KUMAR                                                                                         Respondent(s)
(With appln(s) for c/delay in filing SLP)
Date: 05/07/2012    This Petition was called on for hearing today.
For Petitioner(s)         Mr.   R.P. Bhatt, Sr. Adv.
                          Mr.   Ashok K. Srivastava, Adv.
                          Ms.   B Sunita Rao, Adv.
                          Mr.   B. Krishna Prasad,Adv.(Not present)
For Respondent(s)
            UPON hearing counsel the Court made the following
                                O R D E R
              This petition filed for setting aside order dated 18.11.2010 passed by the Division Bench of the Karnataka High Court is accompanied by an application for condonation of 445 days delay.
            We have heard Shri. R. P. Bhatt, learned senior counsel representing the petitioners and carefully perused the averments contained  in the application filed under Section 5 of the Limitation Act and are convinced that there is no valid ground to accept the explanation offered by the petitioners for delayed filing of the special leave petition.
         We are further of the view that the Bangalore Bench of the Central Administrative Tribunal did not commit any error by quashing the action taken by the petitioners to re-fix the respondent's pay on the recommendations of the Vth Pay Commission and the High Court rightly declined to entertain the petitioners' challenge to the order of the Tribunal.
         Learned senior counsel appearing for the petitioners could not put forward any tangible argument to support re-fixation of the respondent's pay in the light of the recommendations of the Vth Pay Commission. Therefore, we do not find any valid ground to interfere with the impugned order.
         The special leave petition is accordingly dismissed on the ground of delay and also on merits.
         For filing a frivolous petition like the present one, the petitioners are saddled with costs of rupees fifty thousand which shall be deposited by them with the Supreme Court Legal Services Committee within a period of eight weeks from today. It will be open to the Central Government to recover the amount of costs from the officers responsible for taking wholly arbitrary and unjustified action for re-fixing the respondent's pay.
(Parveen Kr.Chawla)                                                                                    
Court Master                                                                                           

(Phoolan Wati Arora)             
Court Master

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