Paid Advise

Judgment of supreme court has not been implemented yet

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Civil Law

Reading Time:

I retired from CWC, a Central Public Sector Unit; In pursuance of the Supreme Court Judgement dated 3-5-1990, employees drawing CDA Pattern pay Scales were to be switched over to IDA Pattern Pay Scales w.e.f. 1-1-1989 after calling for options.

In respect of certain Central Public Sector Units like CWC, FCI, Government of India, did not follow that direction arbitrarily. FCI Officers approached Supreme Court, and as a result, thereof the FCI were issued directives to allow such switching and call for options within six months.

Such a decision was taken after a Contempt of Court petition filed by FCI Officers.  Whereas CWC Officers did not approach Supreme Court; But it was incumbent upon CWC to have implemented the said directives of CWC; Had such an option been called for I could have opted for IDA pattern pay scales w.e.f. 1-1-1989; I took voluntary retirement from CWC on 31-3-1994;

I had approached CWC management to accept my option to switch over from CDA pattern pay scales to IDA pattern pay Scales w.e.f. 1-1-1989 and grant all arrears and consequential benefits therefrom.

When Hon’ble Supreme Court gave directives, can such facility of option be denied by the Department of Public Enterprises ARBITRARILY? When FCI extended such facility against a contempt of Court petition filed by FCI Officers, why DPE did not issue a circular extending similar benefits to the Officers of other CPSUs arbitrarily? The funny part is that both the CPSUs are under the Ministry of Food and Public Distribution.  Please clarify the position.

Question from: Andhra Pradesh

The Hon’ble Supreme Court has directed Central Public Sector Units by its judgment/order dated 03-05-1990 to provide its employee an option to choose Industrial Dearness Allowance (IDA) instead of Central Dearness Allowance (CDA).

As per the question, the said judgment/order dated 03-05-1990 is still in force. It is still valid and enforceable. However, the employees of Food Corporation of India have implemented the said judgment by filing a contempt petition. Moreover, the employees of CWC refrained themselves from filing any contempt petition.

But it did not change any factual position of the beneficiaries. They are still standing on the same footing as they are on the date of judgment. Be that as it may, the legal implication of the said judgment is the same as it was on the time of judgment.

It is good that you have opted the choice to get IDA based payscale in pursuance of the said judgment. It is another matter that you never received that benefits along with consequential benefits.

In the meantime, you have retired from the service. As per the judgment, you are the beneficiaries and accrued the right on 03-05-1990 to opt IDA based pay scale. Hence, your retirement does not change the intrinsic position of beneficiaries. Furthermore, you are still entitled to get IDA based pay scale.

If the FCI has implemented the order dated 03-05-1990 and other CPSUs have never challenged the validity of that judgment/order, then CPSUs are bound to implement the decision rendered by the Supreme Court in the letter and spirit.

The limitation period for contempt of court has elapsed. Therefore, the contempt petition is not tenable. You may file a Writ Petition before the Supreme Court under Article 32 of the Constitution of India. You may seek a direction in the nature of mandamus from the Supreme Court,  to direct the CWC to implement the said judgment.

When the CWC has never challenged the validity of the said judgment, then it’ll have no ground in defence for stalling the benefits of judgment from such a long period. You are entitled to avail a fundamental right, i.e. right to equality enshrined in Article 14 of the Constitution of India. If the same benefits have been granted to the employees of FCI, then as per Article 14, you are also entitled to receive it.

If the judgment dated 03-05-1990 was equally applicable to the employees of CPSUs, then CWC cannot make arbitrary classification and debar its employee from receiving that benefits. You may contact a good lawyer of Supreme Court and file a writ petition as soon as possible because time is running very fast in your case.

0 Comments

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Can mental illness put a bar on holding sensitive posts?

Question: Can a patient of mental illness who is on regular medication become a member and chairman of child welfare, women welfare, juvenile justice board and handle such sensitive matters? Can mental illness put a bar on holding sensitive posts?  Asked from:...

Encroachment of the public paved road

Question: There is an encroachment of the public paved road. Can anyone occupy a 60-year-old paved public road by saying that this has been made wrong? What is the legality of the road in Indian law?  Asked from: Uttar Pradesh Public road is a public property...

How to get back money from my younger brother?

Question: How to get back money from my younger brother?. Younger brother demanded money from the older brother and gave some amount to him without any  paperwork. If the younger brother ignores or does not return the money, what action will the older brother take ?...

Section 38 of Specific Relief Act 1963

Section 38 Specific Relief Act Perpetual injunctions when granted (1) Subject to the other provisions contained in or referred to by this Chapter a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour,...

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54