cpc

Disposal by cat bench - reg.

This query is : Resolved 
 

(Querist)
09 November 2019

Respected Learned Experts, I am a Central Government staff and made retired Compulsorily after a departmental inquiry. I have filed an OP before the CAT Bench, Chennai for payment of provisional pension which is due from 2017 onward as judicial proceedings is going on. The CAT Bench has passed an order directing the department to pass appropriate order on my claim of provisional pension along with interest within a period of two months. Even after the lapse of stipulated time which has been completed on 27/10/2019, my department has neither paid the pension nor sent any intimation in this regard. I had quoted 3 officials (designation wise) in my OA as Respondents. Whether I can file Contempt Petition against only one official who is the Competent Authority to sanction the pension. Further, Whether I have to file Civil or Criminal Contempt Petition before the CAT Bench. Thanks to all Experts in anticipation.


Sudhir Kumar (Expert)
10 November 2019

If you are compulsorily retired then it is not provisional pension rather regular pension which you are entitled.

please check the facts.

Sudhir Kumar (Expert)
10 November 2019

given facts indicate that CP can be filed.

Vasudevan (Querist)
11 November 2019

Respected Shri Sudhir Kumar, as the judicial proceedings is still pending, I am entitled for provisional pension only. However, I am confused whether I have to file Contempt Petition under Civil or Criminal side before the CAT Bench. Kindly state the difference between the two as I am appearing party in person.

Dr J C Vashista (Expert)
12 November 2019

Administrative Act, 1986 do not make a difference of civil or criminal contempt, just move CP.

Vasudevan (Querist)
12 November 2019

Much obliged to Dr. J C Vashista.

Vasudevan (Querist)
23 December 2019

Respected Experts, I have been sanctioned with the provisional pension with the able guidance of this Learned Experts platform. I have claimed interest @ 18% as the said pension is delayed for 2 years. No order was passed on the interest claimed by me by the concerned Authority. Whether I can file Contempt Petition against any one of the Respondent for not passing/paying the interest on delayed payment of pension? Is there any time limit to file contempt petition? If so, what was the time limit?
Thanking You.
With respectful regards,
V. VASUDEVAN

Vasudevan (Querist)
23 December 2019

Kindly advice me for further course of action.

sankar narayanan (Expert)
23 December 2019

Are you raised this query to your lawyer? Where are you in chennai? you can feel free to contact me for further actions.

Vasudevan (Querist)
24 December 2019

Dear Expert Shri Sankar Narayanan, I am appearing as party in person. I am residing at Pondicherry. Kindly oblige.

Isaac Gabriel (Expert)
27 December 2019

Interest is not a matter of right. Yet you can plead witht he department. If refused you can file a case for interest.

Vasudevan (Querist)
29 December 2019

Much obliged for the reply of Learned Expert Isaac Gabriel



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