FIXATION OF PAY ON PROMOTION TO PO&RMS ACCOUNTANTS

SLP filed in Hon. Supreme Court against Karnataka High Court decision on fixation of pay on promotion to PO & RMS Accountants dismissed

Despite our request not to file any SLP on the High Court Karnataka decision on fixation

 of pay of PO & RMS accountants on promotion, the Department has filed SLP in 

the Supreme Court as per the opinion of the Ministry of Finance. Now the supreme 

court has dismissed the SLP. Now the Department has no option except implement 

the Karnataka CAT and High Court decision. The Department should come forward 

to implement the decision to all the similarly situated persons.

The Supreme Court has fined Rs. 50000/- to Department

A remarkable and marvelous decision.

ITEM NO.9                   COURT NO.5                 SECTION IVA

S U P R E M E   C O U R T   O F    I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil)....../2012 CC 10080/2012

(From the judgement and order dated 18/11/2010 in WP No.7593/2003, of The HIGH 
COURT OF KARNATAKA AT BANGALORE)

CHIEF POST MASTER GEN.KARNATAKA CIR.& ORS                            Petitioner(s)

                   VERSUS

S. MOHAN KUMAR                                                                       Respondent(s)

(With appln(s) for c/delay in filing SLP)

Date: 05/07/2012    This Petition was called on for hearing today.

CORAM :

          HON'BLE MR. JUSTICE G.S. SINGHVI

          HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA

For Petitioner(s)         Mr.   R.P. Bhatt, Sr. Adv.

                          Mr.   Ashok K. Srivastava, Adv.

                          Ms.   B Sunita Rao, Adv.

                          Mr.   B. Krishna Prasad,Adv.(Not present)

For Respondent(s)

            UPON hearing counsel the Court made the following

                                O R D E R

              This petition filed for setting aside order dated 18.11.2010 passed 
by the Division Bench of the Karnataka High Court is accompanied by an application 
for condonation of 445 days delay.

            We have heard Shri. R. P. Bhatt, learned senior counsel representing the 
petitioners and carefully perused the averments contained  in the application 
filed under Section 5 of the Limitation Act and are convinced that there is no 
valid ground to accept the explanation offered by the petitioners for delayed filing 
of the special leave petition.

         We are further of the view that the Bangalore Bench of the Central Administrative
 Tribunal did not commit any error by quashing the action taken by the petitioners to 
re-fix the respondent's pay on the recommendations of the Vth Pay Commission
 and the High Court rightly declined to entertain the petitioners' challenge to the 
order of the Tribunal.

         Learned senior counsel appearing for the petitioners could not put forward 
any tangible argument to support re-fixation of the respondent's pay in the light of 
the recommendations of the Vth Pay Commission. Therefore, we do not find any valid 
ground to interfere with the impugned order.

         The special leave petition is accordingly dismissed on the ground of delay and 
also on merits.

         For filing a frivolous petition like the present one, the petitioners are saddled 
with costs of rupees fifty thousand which shall be deposited by them with the Supreme
 Court Legal Services Committee within a period of eight weeks from today. It will 
be open to the Central Government to recover the amount of costs from the officers 
responsible for taking wholly arbitrary and unjustified action for re-fixing the respondent's pay.

(Parveen Kr.Chawla)                                                                                    

Court Master                                                                                           

(Phoolan Wati Arora)             
Court Master