Contempt petition

Naresh Kumar (Querist) 15 April 2016 This query is : Resolved
Govt. passed a Resulution dated 10/10/1997 vide which Rank and pay structure of non-gazzeted combatised categories in Central Police Organisations was rationalised wef 10/10/1997. CRPF, BSF,ITBP, CISF,SSB and Assam Rifles are CPO , and said order of Govt is equally applicable on all said CPO. Based on that order Clerks, being non-gazzetted combatised category, working in Assam Rifles in the Rank and pay scale of Head Constable ( 1200-2040) sought upgradation of their rank and pay scale to ASI (1320-2040) at par with their counterparts working in sister CPO i.e. BSF/CRPF ,which was allowed by single bench of Guwahty High Court with financial benefits from 1.1.1986 but DB restricted notional benefit from 1.1.1986 and arrears from date of filing of petition i.e. 2010 and further SC modified the order of DB and allowed arrears from 1.1.1986 by affirming single bench judgement.

Based on same order of Govt dated 10/10/1997, Phamacists, being non-gazzetted combatised cadre, working in CRPF sought upgradation of their rank and pay scale at par with their counterparts working in ITBP from ASI(1320-2040) to SI(1400-2300) , filed SWP in Jand K High Court during 1998 and held that writ petitioners are held entitled same rank and pay scale at par with their counterparts working in ITBP and LPA filed by UOI is also dismissed by DB on 12.08.2015. Despite that order of Court not yet implemented. Contempt notice issued on 06/04/2016 for three weeks. Under such circumstances, I would like to request to all respected experts to kindly advise what option is available before Govt. In my opinion, UOI have to implement said order of Court since issue involved has already been decided by the Honable SC based on Govt own rationalisation of non- gazzetted cadres in CPO.

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P. Venu (Expert) 16 April 2016
When the Contempt petition is filed and Notice is issued, the onus rests with the Contemnor to justify its stand.

Rajendra K Goyal (Expert) 16 April 2016
Full case file need to be referred, discuss with some senior lawyer.

Devajyoti Barman (Expert) 16 April 2016
agree with experts.

Dr J C Vashista (Expert) 17 April 2016
I agree with experts, for further query discuss with your lawyer, who is fully aware about the facts and law applicable in the instant case.
Conversly, we may presume about many issues involved in the query which may differ with the core issue involved in the petition and affect the opinion.