CAT Chandigarh CCT Bench at Shimla (H.P.) – 78.2% Case – Proceedings.
78.2% DA/DR case, in which Contempt of Court was today again discussed and debated before the Chandigarh CAT Cct. Bench for about 40 minutes at Shimla. The new member (A) was present with Member(J). DOT advocate put his arguments on the supplementary Affidavit submitted earlier in view of the Apex Court order of 2023 in which DOT & BSNL CWPs were dismissed with observation that both these stated before SC that the order of CAT CH had been implemented and as such may submit before the CAT. But in fact, DOT misled the SC and did not implement for which Supplementary Affidavit as stated, was asked by CAT. Our advocate as usual, strongly explained the judgement and exposed the hoodwinking tactics of the respondents. The DOT submitted that the said fitment benefit was not extended to the working employees hence could not be to the applicants which we clarified that we are not insisting on salary part of it, due to us, which was also stated, to be given, as and when given to working employees, in the order in OA. But the orders are clear to pay us the retiral benefits on 78.2% DA fitment I. e. Gratuity, CVP and Leave Encashment. Both the members completely agreed and asked the DOT advocate why the orders are not implemented. DOT advocate told some decision was taken by concerned ministry and as such it is against that. On this both the Members strongly told the advocate whether any ministry can sit on their orders which are to be implemented in letter & spirit. Hence no ministry etc. can tilt or try to influence the order. It was also strongly told by our advocate that every now and then, Secretary is getting changed doesn’t call for new application everytime to implede the new one. As such there is no end and our 3 applicants have expired and others are also in the evening of the life. Again respondents have been asked to implement by the next date i.e. 22.11.2024. Let us see on next date. Today there was again a clear view of the bench that its orders are really not being implemented but let new Secy. Mr. Neeraj Mittal submit because he has been impleaded for which the application submitted earlier stood admitted. Let us hope for the best, we are on very sound footings and the bench was also agreeing accordingly & in totality.
