What is the effect of quashing of a clause by the supreme court ?
iqbal Singh
(Querist) 24 April 2013
This query is : Resolved
Recently in a Civil Appeal No.1902/ 2010 ,the Apex Court on 11.02.2010 upheld the decision of the Gauhati HC in WA 7 of 2006) vide which the High Court quashed a DOPT OM to the extent that only those Superintending Engineers will get the pay scale of Rs 14300-18400 who have completed 9 years of regular service as EE in Organized Group 'A' Engineering Services. In compliance of the SC's Judgments, the DOPT issued a fresh OM dated 29.12.2010 containing revised eligibility criteria. But few Ministries are still insisting upon the said eligibility criterion on the ground that their Service Rules have not been amended till date. Is it permissible? If so, the Ministries will enjoy unfettered powers to act against the Order of the SC till such time they notify their Recruitment Rules. Please advise.
Nadeem Qureshi
(Expert) 24 April 2013
file a petition before SC to complince the SC order
R.K Nanda
(Expert) 24 April 2013
DOPT cannot go against SC orders.
Raj Kumar Makkad
(Expert) 24 April 2013
If OM has not been issued inn consonance with the judgment of SC then its execution can be got sought and even contempt of court proceeding can also be got initiated.
prabhakar singh
(Expert) 28 April 2013
It is only judgement that shall prevail but it would be restricted to parties only.
