Janaki Malluvajhula 03 July 2025
R.K Nanda (Advocate) 03 July 2025
You can file contempt petition against department in CAT.
kavksatyanarayana (subregistrar/supdt.(retired)) 03 July 2025
You can file contempt in the H.C.
T. Kalaiselvan, Advocate (Advocate) 04 July 2025
If a department is not actively taking steps to implement an order from the Central Administrative Tribunal (CAT), a contempt petition is generally not the appropriate course of action. Instead, an execution petition is the more suitable remedy to ensure the order is fully and properly implemented.
Dr. J C Vashista (Advocate ) 04 July 2025
Whether department has challanged the order passed by CAT ? If not, file contempt petition.
Janaki Malluvajhula 04 July 2025
Thank u all.
Yes the department has not agreed to the CAT judgement. We were given a speaking order stating that earlier judgement of Ernakulam bench in respect of our counterparts in kerala was relating to Adhoc officers and cannot be extended to us being regular employees.
The irony here is the department itself quoted Ernakulam case as a plea stating the case was in Supreme Court which was later set aside. Our case was on principles of natural justice junior drawing more than seniors
Now department states that it does not pertain to us.
T. Kalaiselvan, Advocate (Advocate) 04 July 2025
If the department is reluctant to obey the orders of CAT and had expressed its unwillingness in writing then you may a contempt petition against the department for not obeying court order otherwise an execution petition may be maintainable.
Advocate Bhartesh goyal (advocate) 04 July 2025
Yes, filing contempt petition is only remedy
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 04 July 2025
To determine the best course of action, let's break down the situation
Understanding Contempt Proceedings Contempt of court occurs when someone wilfully disobeys a court's judgment, decree, direction, or order. In your case, the department's speaking order denying benefits despite the CAT's directive may constitute contempt.
Filing Contempt Given the department's non-compliance, filing contempt proceedings might be an option.
However, consider the following: -
*Wilful Disobedience*: The department's actions must demonstrate wilful disobedience, meaning they intentionally disregarded the court's order. -
*Jurisdiction*: Only the Supreme Court and High Courts have inherent powers to initiate contempt proceedings. The CAT, however, can initiate contempt proceedings under Section 17 of the Administrative Tribunals Act, 1985, but its powers are limited compared to High Courts and the Supreme Court.
Next Steps If contempt proceedings aren't feasible or successful, consider
- *Appeal in CAT*: You can file an appeal or a review petition before the CAT itself, challenging the department's speaking order and seeking enforcement of the original directive. -
*Writ Petition in High Court*: Alternatively, you can approach the High Court with a writ petition under Article 226 of the Constitution, challenging the department's order and seeking enforcement of the CAT's directive. Key Considerations Before proceeding, keep in mindāµ: -
*Limitation Period*: There's a one-year limitation period for initiating contempt proceedings under Section 20 of the Contempt of Courts Act, 1971. - *Evidence and Procedure*: Ensure you have sufficient evidence to support your claim and follow the proper procedure for contempt proceedings or appeals. Consulting a legal professional familiar with CAT and High Court procedures would be beneficial in determining the best course of action for your specific situation.
Dr. J C Vashista (Advocate ) 05 July 2025
File contempt before same bench of CAT seeking professional services of your lawyer.
Sudhir Kumar, Advocate (Advocate) 13 July 2025
A perusal of the CAT order is absolutely essential for giving concrete advise on the feasibility of CP.
Janaki Malluvajhula 13 July 2025
Thank u all
Discussed with our Advocate he advised filing of fresh case in CAT again. Soo depressing. It took 5 years to win the case. Now again we have to file afresh
Lost faith in the judicial system.
Dr. J C Vashista (Advocate ) 14 July 2025
No need to file afresh application before CAT as stated to have been advised by your lawyer.
S/he is befooling. You should immediately replace him/her.
It is better to consult and engage another local prudent lawyer for professional advice and necessary proceedings
Janaki Malluvajhula 14 July 2025
Oh ok thank u Sir. But he's the only one who takes up our office cases.
Can u suggest some good lawyer Sir?
But what is the alternative now?
Should we goto High Court?
Dr. J C Vashista (Advocate ) 14 July 2025
If you are located in Delhi and feel like you may contact me.
otherwise find some other lawyer in your locality / nearby / CAT bar itself.