Case pending for a very long time
shekhar jha
(Querist) 19 October 2014
This query is : Resolved
Sirs
There was a case filed in CAT Mumbai by some DRDO officers against govt of India, regarding teaching allowance. The judgment given in 2001 was in favour of officers. It was challenged by GoI in Mumbai High court but again officers won there (Petition No.7301/02 dated 3.2.2006). It was again challenged in Supreme Court which returned the petition to Bombay High Court in light of some new facts. (CIVIL APPEAL NO.8294 OF 2009). However, by this time most of the officers were transferred or retired and the case was not pursued in the high court. My query is, whether this case can be pursued by someone like me who is not aggrieved. This case has profound bearing on teaching allowance in govt sector. Also can High court decide the case suo motto as the officers are no more available for pursuing it? Can i write to supreme court chief justice to ensure culmination of the case?
Devajyoti Barman
(Expert) 19 October 2014
If the concerned parties does not pursue the case, you can do nothing.
However the points involved in the case touches other employees in general then you can file fresh writ petition in the high court highlighting the aforesaid incident.
shekhar jha
(Querist) 19 October 2014
Thanks sir. Is it possible to take up the new case directly in the high court or will it be referred to CAT? Any views on other two queries i had put
ajay sethi
(Expert) 19 October 2014
if petitioner does not attend court court may dismiss the petition . no you should not send any letter to CJI in this regard
