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.



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