Friday, September 30, 2011

Departments SLP in GP Rs. 5400/- to ACP Inspectors, listed for hearing on 17/10/2011 before the Supreme Court

In the  judgment dtd.06.09.2010 in WP(Civil) 13225/2010 {filed by comrade M. Subramanyam,  Ex Gen. Secretary of Inspectors Association Salem branch  (Now Supdt. of Chennai) } Hon’ble Madras High Court  directed the Revenue Secretary to extend the benefit of grade pay of Rs.5400 to ACP Inspectors after completing four years in grade pay of Rs.4800/-. However CBEC not accepted the order of High Court and filed an appeal before the Supreme Court on 24.06.2011 (i.e. after nine & half month), whereas under Article 136 of the Constitution of India, appeal against the order of the High Court can be filed to Supreme Court through Special leave petition procedure within 3 month from the date of the impugned order.
Further, as per the information obtained through Supreme Court’s website  , SLP filed by the Department  against the order dtd.06.09.2010 of Hon,ble Madras High Court in Writ  Petition(Civil)  no. 13225/2010 have now been registered and  earlier Diary number allotted  is now converted  in to SLP (Civil) CC no.  15627   of  2011 titled as UNION OF INDIA & ORS Vs.   M. SUBRAMANIAM. The SLP filed by the CBEC along with application for condonation of delay in filing appeal is listed for hearing & admission before the apex court on 17/10/2011. As reported by the SG, AICEIA they already filed  a fresh caveat, prior to the expiry of earliar caveat petition

What is caveat & its validity period  -It is a prayer to the court not to pass any order without first hearing the applicant. It is to avoid passing of ex parte order and it remains in place for 90 days. A caveat is filed u/s 148-A of the CPC which was inserted in CPC by Act No. 104 of 1976, sec. 50 (w.e.f. 1-2-1977).

Section 148A of Civil Procedure Code 1908 - Right to lodge a caveat

(1) Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator's expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

(5) where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.]

Case Status                                                                                          Status :           PENDING

Status of :                                     Special Leave to Petition (Civil)...         15627    OF   2011


Pet. Adv. :                  MR. B. KRISHNA PRASAD   Res. Adv. : MR. VIJAY KUMAR

Subject Category :                   SERVICE MATTERS - PAY SCALES

Listed 0 times earlier                        Next Date of listing is : 17/10/2011

Last updated on Sep 29 2011

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