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Pension scheme

(Querist) 17 June 2015 This query is : Resolved 
Sir,
I have filed W.P at CAT, Chennai in 2013 and judgement was delivered in my favour in 2015, directed the department that the matter is to be implemented within four weeks time. The period of appeal has already over. Now, whether I can go for contempt of court? In the meantime, whether the department can go for appeal even after the appeal period condoning the delay.
Anirudh (Expert) 17 June 2015
It is not clear as to what is the matter about. Just because CAT has given the order does not mean that the same will be implemented within the time prescribed. The Department will definitely examine whether the decision has any wider ramifications etc. etc. and only then it will decide whether to appeal against the order or to implement the same.

The Department can and will go in appeal in case it decides to appeal against the CAT's order. It will seek condonation of delay while filing the appeal. Delay will definitely be condoned by the High Court.

If you so feel, you can file a contempt petition. But you will not gain much except engaging the time of the CAT - as ultimately the Department will come and say that they have filed/filing the appeal.
Rajendra K Goyal (Expert) 17 June 2015
Department can go for appeal and can prey for condonaion of delay.
Guest (Expert) 17 June 2015
You can go for contempt of court. Why to wait for appeal by the department?


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