Pradeep G Devi (Head of the Department) 02 August 2011

Retired person

I am having a long struggle with the management and the govt from 1979 for the pay fixation. My Pay fixation matter is from the College Tribunal to High Court in both the courts the dicission is in my favour. Govt of Maharashtra has filed SLP in the Supreme Court against the order of the Mumbai High Court. (Order dated 14th MArch 2007)

In the Hon. Supreme Court the matter is not coming up for hearing. I have retired from the services in Oct 2010, since the fixation is pending i am not placed in the pension scheme. I am suffering from heavy financial losses.

I would lioke to know the procedure, requesting the HOn. Court to expedite the matter and dispose off. Is there any legal provision / act under which I can request the court to dispose the matter as I am retired from the services.

It will be a great help to me if you give me guidance in detail

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4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 03 August 2011

You can move the application for early hearing keeping in view your present state of mind, age, finance, status, difficulties etc.

girish shringi (advocate) 03 August 2011

You can approach the court for interim relief till the judgement comes in,otherwise in the SC matter of service can be rpoceeded earlier than other matters as I learnt.

Pradeep G Devi (Head of the Department) 03 August 2011

Originally posted by :Pradeep G Devi
"	I am having a long struggle with the management and the govt from 1979 for the pay fixation. My Pay fixation matter is from the College Tribunal to High Court in both the courts the dicission is in my favour. Govt of Maharashtra has filed SLP in the Supreme Court against the order of the Mumbai High Court. (Order dated 14th MArch 2007) In the Hon. Supreme Court the matter is not coming up for hearing. I have retired from the services in Oct 2010, since the fixation is pending i am not placed in the pension scheme. I am suffering from heavy financial losses. I would lioke to know the procedure, requesting the HOn. Court to expedite the matter and dispose off. Is there any legal provision / act under which I can request the court to dispose the matter as I am retired from the services. It will be a great help to me if you give me guidance in detail	"

Court is not allowing to file the application for early hearing, every time matter in eliminated from the list and is postponed. I want the legal provision in the act under which i can file the application or as per the system o the SC

(Guest)

Dear Pradeep,

If you have already opted for pension scheme, your pension cannot be held in abeyance simply with the reason that pay fixation dispute is going on. Pending final sanction, the Government should grant provisional pension right from the date of your retirement till the mateer of pay fixation is solved. Pension can be revised on settlement of dispute of pay fixation. It seems you have not pusued the matter with the Government on this aspect.