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Refixation Of Pension In Lower Cadre After 10 Yrs Of Retirement
20-Apr-2023 (In Labour & Service Law)
Dept issues order refixing pension in lower cadre after 10 of retirement quoting the promotion given while in service was erronious . Dept fallows ccs pension rules 1972. Order was challenged in CAT. CAT dismissed the dept order. Dept approched high court. High court upheld CAT order. . nearly 2 months passed since high court judgement. No response from dept. . should I file a cavieat in supreme court or file a contempt in CAT ??advice
Hello,
Understand the difference Caveat is filled when you have apprehension that there will be an appeal against the order in the higher court and you want yourself to be head on the day of notice. And on the other hand Contempt is filed when the Order of the Court is not followed. Here in your case Contempt is what you should go for first, to enforce the order.
You can at the same time file Caveat also, so that you get the opportunity to oppose the Department on the day of Notice itself and they are not heard behind your back.
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Adv. Sishmita Kumari
Delhi | 100+ Answers
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file share the order copy and then i can advise you whether to file contempt in High court or CAT because both have different spheres and caveat you can file in Supreme court just to make sure notice is not being issued without your presence.
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Adv. Pawan Prakash Pathak
Delhi | 200+ Answers
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