Writ petition A in high court for compliance

703 votes

Since the High Court has already directed compliance of the CAT judgment within one month and that period appears to have lapsed, the appropriate remedy is to file a Contempt Petition for non-compliance of the interim order, alongside an application for early/out-of-turn hearing citing your impending retirement in 11 months as an urgent ground.

Advocate Namrata Pandey LawRato

575 votes

you have to file affidavit in cat then approaches the supreme court yoy have to retire within 11 months go to the court and press for early hearing v you will be able to comp with the matter of notional security

Advocate Spiti Sarkar LawRato

564 votes

Since your writ petition is already being listed regularly and the High Court has granted an interim order directing compliance of the CAT judgment within one month, the delay in the matter being taken up despite repeated listings is a matter of judicial administration rather than the merits of your case. If the interim order is not being complied with, you may consider initiating contempt proceedings against the concerned authorities for willful disobedience, if the facts justify such action. If your case is under the Supreme Court's expedited category and you are due to retire within 11 months, your advocate may also move an appropriate application before the High Court seeking early disposal, specifically highlighting the irreparable prejudice that retirement would cause to your service benefits and notional seniority. If mentioning is not being entertained, a properly drafted urgency application supported by the retirement schedule and the Supreme Court proceedings may still be considered. In appropriate cases, it may also be possible to seek suitable directions from the Supreme Court regarding expeditious disposal of the pending writ petition. Please consult your advocate with the complete case records to determine the most appropriate procedural remedy based on the present stage of your matter.

Advocate Ajay Shukla LawRato

744 votes

File Contempt Petition: Enforcement of the High Court's 1-month interim order for non-compliance. ​Early Hearing Application: File a formal written application citing your impending retirement within 11 months as grounds for urgent priority listing. ​Retrospective benefits (pension/notional seniority) remain recoverable post-retirement.

Advocate Hariom Dubey LawRato

961 votes

Since the High Court has already passed an interim order directing compliance of the CAT judgment within one month, the respondents are bound to comply unless the operation of the CAT order has been stayed by a superior court. If the interim order is not complied with, you may move an application for implementation/compliance and, if necessary, initiate contempt proceedings against the defaulting authorities. As your matter is not being taken up despite repeated listings and you are due to retire in 11 months, your counsel may file an urgent hearing/early disposal application specifically highlighting the impending retirement and the irreparable prejudice that would be caused by further delay. If mentioning is not being entertained, the urgency application may be placed on record with all supporting documents, including the High Court’s interim order and details of your retirement. If any connected matter is pending before the Supreme Court, ensure that no stay operates against the High Court proceedings. Your advocate should also bring this fact to the notice of the High Court and seek time-bound disposal considering the service nature of the dispute. Timely legal steps at this stage are essential to protect your service and consequential retiral benefits.

Advocate Avinash Kumar Singh LawRato