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Thursday, May 8, 2014

Extending judicial decisions in matters of a general nature to all similarly placed employees.

 Para 126.5 of 5th Central Pay Commission  reads as under: 
Extending judicial decisions in matters of a general nature to all similarly placed employees. - We have observed that frequently, in cases of service litigation involving many similarly placed employees, the benefit of judgement is only extended to those employees who had agitated the matter before the Tribunal/Court. This generates a lot of needless litigation. It also runs contrary to the judgment given by the Full Bench of Central Administrative Tribunal, Bangalore in the case of C.S. Elias Ahmed and others v. UOI & others (O.A. Nos. 451 and 541 of 1991), wherein it was held that the entire class of employees who are similarly situated are required to be given the benefit of the decision whether or not they were parties to the original writ. Incidentally, this principle has been upheld by the Supreme Court in this case as well as in numerous other judgments like G.C. Ghosh v. UOI, [ (1992) 19 ATC 94 (SC) ], dated 20-7-1998; K.I. Shepherd etc. Accordingly, we recommend that decisions taken in one specific case either by the judiciary or the Govt. should be applied to all other identical cases without forcing the other employees to approach the court of law for an identical remedy or relief.  Recently, CAT Principal Bench has issued direction on 12.03.2014 in OA No. 864/2014 that once an order has been passed by this tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same. 


Addala said...

Cover such critical aspects of government employees. Good Job. Keep it up.

Shanti said...

Even after SC judgment, Govt. is not following the order. In case of fixation of GP 4800/- to 5400/-, Govt. is not obeying the HC order and withheld the benefits of the officers without seeking any stay. This attitude of Govt. towards employees appears to be fully arrogance and dictatorship.
Without fighting, We may not get justice / right from the Govt.