Court Cases Update

- ARTEE Court Cases
. 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.

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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.

# Came up for hearing on 31st, August, 2009 in Hon’ble High Court, Delhi. Our Advocate Sh. G.D.Gupta and Mrs. Meenu Mainee argued the case. Court asked Govt. council to provide some more documents. Sh. Anilkumar S., President, Sh. Umesh Chandra, Gen.Secy. & Sh. G.M.Tyagi, Secy.(Sr.Tech/Tech) were present in the Court. Next date of hearing is 28th, October, 2009.

# The case to grant pay parity to Tech v/s Lighting Assistant prior to 01/01/96  came up for hearing on 28.10.09 in H’ble Delhi High Court. On last date of 31st July’09 Hon’ble Justice asked Govt. Counsel to produce Agreement signed by Associations in Nov’97 which was the base of Dec’97 scale revision order. Govt. counsel could not produce the document.
Sh. Umesh Chandra, Gen.Secy. filed an RTI petition on 02/09/09 to provide copy of agreement and report of National Productivity Council. In its reply Govt. admitted that NPC report is missing and did not provide any reply on the question of providing  the copy of the agreement.
H;ble High court was intimated about RTI reply. H’ble Court asked Govt. Counsel to produce the documents upto 14th Dec’2009.
Mean while Sh. Umesh Chandra, Gen.Secy. has filed another RTI petition on 20.10.09
Sh. Kuldeep Bhan, VP(AIR), Sh. Umesh Chandra (Gen.Secy.) and Sh. G.M.Tyagi, Secy.(S.Tech/Tech) were present in the Court.
Next date of hearing is 14th, December, 2009

 

# Next date of hearing is not yet decided. Case is being monitored on daily basis

On 07/07/2011, Tech V/s Lighting Assistant Pay Parity case came up for hearing today in Hon'ble Delhi High Court. Govt. Advocate could not appear in the Court. Case will come up for hearing as Supplementary case for tomorrow which may be the final hearing.
From Association Sh. Umesh Chandra, President , Sh. Ashwani Dagar Secy.(SEA/EA) & Sh. G.M. Tyagi, Secy.(S.Tech/Tech), Sh. Naveen Mahajan , ( Member Deptt. Coucil) were present.

 

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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.

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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.

# Govt. filed an appeal in HC, delhi vide Case No. W.P.(C)2095 of 2007

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

# The case will be heard on 17, Feb., 2009 by different bench.

ARTEE REPEATS HISTORY :
EA (5000) CASE:
Congratulations to All Engg. Assistants, joined after 25.02.1999.
In ARTEE supported EA(5000) Case, Hon’ble Sup. Court Rejects the GOVT.’s SPECIAL LEAVE PETITION(SLP)., to get Rs. 6500 - 10500 scale, and Rs. 4600 G.P. w.e.f. 1st Jan, 2006.
The rejection of SLP has strongly established the concept ‘One Cadre One Pay’. We are making effort for early implementation.

# 18th May, 2011: Contempt petition filed (CP 494/2011 of OA 1742/2004). Notice issued for 19th July, 2011.

# 19th July, 2011: Govt. asked time...next date of hearing is 21 Oct. 2011

# 21st Sept., 2011:  Govt. Counsel informed that Govt. filed a Review Petition in Hon’ble Supreme Court on 16/09/2011 and it will take three to four weeks time to decide the Petition. After hearing the argument Hon’ble justice gave time for Review Petition to decide. Next date 31st Oct 2011.

# 31st Oct., 2011: The One Cadre One Pay Case came up for hearing in Principal Bench CAT Delhi today.  Court asked Government to file an application in Hob'ble Supreme Court to take an early decision on Review Petition. Next date of hearing is 22nd, November 2011.

For details of the case go to http://www.courtnic.nic.in



Copy of the order issued by CAT

Hearing of EA(5K) Gwalior Case : 14-08-2012

The hearing in SLP filed by Govt. in Hon’ble Sup. Court could not take place as the case was listed in elimination list. As per information received Hon’ble Justice was on leave. 

New Date will be announced soon.

  # The Next hearing of EA(5K) Gwalior Case is on 15 January, 2013

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