Court Cases

Court Cases Update

. Case of newly recruited EA's

· Pay revision of Technician w.e.f 1/12/1983

· Recovery of OTA/Bonus

· Sc's Judgement on SLP against IBES, Rules ,1989

SLP in Supreme Court

Supreme Court disposed off the SLP against the IBES Rules, 1989, and advised the Govt. to find solutions to remove Stagnation in AE Cadre. Go thru the judgement.

Pay revision of Technician w.e.f 1/12/1983

OA No. 164/96, In the Principal bench of CAT, New Delhi ARTEE V/S UOI & Others Filed on 19/1/1996. This case was dismissed on 14/12/1999.

Thereafter ARTEE filed civil writ petition no. 3787/277 in High Court against the order of CAT, Delhi dated 14/12/1999. This case was listed on 02/9/2003 but on the date no reply was given from Govt. side so court gave next date of 11 Dec'2003.
Association has fielded a Senior advocate for the case(on 11/12/03) hearing and next hearing is on 20th Frbruary, 2004.

# Case could not be heard on 20th February, 2004 due to the fact that the Hon'le Judge is on a Goodwill Visit to Pakistan, Next hearing is on 24th May 2004.
# As the case could not be heard on 24th May, 2004, the next hearing will be on 25th August, 2004.
# Govt. filed reply on 25th August, next hearing will be on 10th, January, 2005.
# Miscellaneous Application(MA) has been admitted. Next date for final hearing is 18, May, 2005.
# M.A. Has been admitted. Next date for final hearing is 9th Nov., 2005.
# Next date of hearing is on 16th March 2006.
# Next date of hearing is on 18th, May, 2006.
# Case could not come up on 18th, May, next date of hearing is 01st, August, 2006.
# On 01st, Aug., 2006, after a long argument the Case has been admitted in Delhi High Court for regular hearing.

House opined unanimously that this Association is not averse to the grant of notional fixation of pay for the technician cadre at par with Lighting Assistants as proposed by DG AIR letter dated 30/10/2002. At the same time it is also resolved that the case filed by Association for revision of payscale of Technicians vis-à-vis Lighting Assistant w.e.f. Dec'83 vide CWP no. 3787 / 2000 will be pursued with all seriousness.

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Recovery of OTA/Bonus

Ineligibility due to hike in pay after revision of Pay Scale of EA w.e.f. 1/1/1978. OA No. 2341/95 in the Principal Bench of CAT, New Delhi. Stay on recovery of OTA/Bonus granted. OA No. 2341/95 allowed in favour of ARTEE on 9.3.2002.

As it is not implemented and the recovery is still going on, ARTEE has filed a contempt petition in the Principal Bench of CAT, New Delhi with C.P.No. 34/04 dated 28/01/04. Next hearing will be on 03/08/2004.

Govt. issued the order on 28/05/2004 and submitted on 03/08/2004.

Case of newly recruited EA's

Pay scales of Sub-ordinate Engineering Cadres has revised vide the order dated 25/02/1999, but it was limited to the incumbants(as on 25/02/1999)only. According the EAs who ever joined after this date are placed in the scales of Rs. 5000-8000 only.

As negotiations for extending the pay scale of Rs. 6500-10500 to these newly recruited EAs have not been fruitful so far, a case has been filed in the Principal Bench of CAT, New Delhi under the OA No. 1742/2004. First date of hearing is 22 September, 2004.

# Next date of hearing is on 11/11/04.

# Govt. has not filed reply on 11/11/04. Next date of hearing is on 08/12/04.

# Govt. has asked for more time, next date of hearing is 27/01/2005

# Further to the court case for new EAs in Delhi CAT on 27th, Jan., 2005 Govt. has sought time to file reply from the court. Next date of hearing is on 11th,March,2005.

# Govt. has saught more time, next date of hearing is on 20th, April, 2005

# Next date of hearing is 12/05/2005

# Next date of hearing is 27/08/2005

# Hearing took place on 27th, August. Case admitted.

# Case Could not come up, next date of hearing will be 24th, April, 2006.

# Adjournment requested by Govt. Advocate. Next date of hearing is 29th, May, 2006.

# Govt. Advocate asked for some more time. Our Advocate demaded immediate date. Next date is tomorrow i.e. 30th, May, 2006

# Case could not come up, next date is 31st, May, 2006.

# Hon'ble CAT directed Govt. to reconsider the application for pay revision.
Principal Bench of the CAT, Delhi, in it's order dated 31/05/06 directed the Government to re-examine the demand of revision of pay scales of EAs joined after 25/02/1999.
There after Govt. filed a Review Petition in the Principal Bench of Hon'ble CAT Delhi which was rejected on admission on 25/01/07.

# Latest,
On 11th Febrary, 2008. Reply filed by petitioner and Govt. ask for time to filed rejoinder, Next date is 28th July,2008.

Copy of the order issued by CAT

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