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Sridhar P S (Inspector)     09 July 2013


Hello Sirs,

Can the central administrative tribunal (CAT) stay the operation of an order of the Government/Competent Authority in the year 2013 which is passed to implement the directions given in anorder of the same CAT bench passed in the year 2005?


 4 Replies

Mohammed Ameenuddin (Sr. Legal Manager)     09 July 2013

Please specify your query.

Sridhar P S (Inspector)     10 July 2013

Dear Mr. Ameenuddin,

On 17.08.2005, the CAT Bangalore passed on an order directing the Cadre Controlling Authority (CCA) to implement the order of the Hon'ble Supreme Court in R K Sabharwal Vs State of Punjab dated 10.02.1995 by reviewing the seniority in the cadre of ITO on the basis of Post based roster system instead of the Vacancy based roster system as was being done until then.On 09th May, 2013, the CCA passed orders recasting the seniority of ITOs w.e.f. the recruitment year 1995-96 to 2012-13, resulting in reversion of 25 Officers who were promoted erroneously, i.e., in excess of the sanctioned number of posts in the cadre of ITO. The affected ITOs were given time up to 31.05.2013 to file their objections if any to the proposed revision of seniority. Soon after filing their objections the affected parties moved CAT for redressal of their grievance, without giving a chance to the CCA to dispose of their objections.

On 31.05.2013, the CAT passed an order directing the CCA to maintain Status Quo. This stay order continues till date. The question now is, can the CAT grant stay of operation of an order passed to implement its own direction given in its order dated 17.08.2005, especially when the applicants before CAT have not fully exhausted their remedy before the CCA?


Why not.?


Sridhar P S (Inspector)     10 July 2013

Dear Shri Srivastava

Thanks a lot, Sir. Is maintainability of such an application before CAT not in question because the applicants have not given a chance for disposal of their objections by the CCA and thus they have not exhausted remedies available to them under the relevant service rules as to redressal of grievances, before moving the CAT?

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