Service matter

karan (Querist) 27 November 2011 This query is : Resolved
We staff members recently won in the Punjab and Haryana High Court in a case regarding Pay Scales(Double Bench). Department went to same court to get time and got 3 months, earlier time was for 3 months for the revision of scales. Before the lapse of time the Department again filed review petition in the Punjab and Haryana High Court which was dismissed by the court commenting "the time given by the court was utilized for preparing SLP and filing review petition". Our concern is that the Department will go to Supreme Court. We have also filed Caveat there. Points are:
1. How much time they have now as their extended 3 months time have lapsed on 31st October.(review petition was dismissed on 6th November).
2. What are the chances that the SLP will be filed successfully in the Supreme Court.
3. What other preventive measures we can take in these circumstances.
Regards to all.

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R.Ramachandran (Expert) 27 November 2011
Since it is a government department, if they can explain the reasons for the delay in filing the SLP, generally the Supreme Court will condone such delays. The matter will therefore will depend on the merits or demerits of the department's plea in the appeal.

Rajeev Kumar (Expert) 27 November 2011
Agree with expert view

Kiran Kumar (Expert) 27 November 2011
Condonation of delay may not be a larger issue...if SC finds some merits in the case of the State then it may accept the SLP and the matter will be decided in the form of a Civil Appeal after due notice to the respondents.

all depends upon facts and circumstances of the case.

Raj Kumar Makkad (Expert) 27 November 2011
I agree with Kiran.

prabhakar singh (Expert) 27 November 2011
All that you are asking is simply speculation.Let things come as they come forward and be prepared to face them accordingly.

Devajyoti Barman (Expert) 28 November 2011
Yes right.

Sailesh Kumar Shah (Expert) 28 November 2011
Agree with opinions of all experts.

karan (Querist) 28 November 2011
Thanks to all

Guest (Expert) 28 November 2011
Dear Karan.

There is no doubt that the Government can ask for condonation of delay in filing SLP for some valid grounds. But, in my opinion, the Government's demand initially for the extended time of 3 months (in addition to the 3 months' time allowed already) for the purpose of implementation of the judgment of the court and only thereafter trying to file SLP with such a delay, itself, may probably prove to be helpful to you in proving intentional dilatory tactics on the part of the Government. The question arises, was the initial time element of 3 months not enough for the Government ot decide for implementation or to go for an appeal?

You should gird up your loin to vehemently oppose the move even at the very initial stage of admission of the case in the SC. Howevwer, you must also be ready to break the theory of the Government that they may quote as a reason for delay in filing the case.

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