Central Administrative Tribunal - Delhi
Mohinder Singh & Others vs Union Of India & Others -Respondents on 20 August, 2008
Central Administrative Tribunal Principal Bench CP No.398/2007 In OA No.1649/1997 New Delhi this the 20th day of August, 2008. Honble Mr. Shanker Raju, Member (J) Honble Mrs. Veena Chhotray, Member (A) Mohinder Singh & Others - Applicants ( As per Memo of Parties) (By Advocate Shri B.S. Mainee) -Versus- Union of India & Others -Respondents (As per Memo of Parties) (By Advocate Shri V.S.R. Krishna) O R D E R Mr. Shanker Raju, Honble Member (J):
Applicants assail non-compliance of order dated 9.7.2003 in OA-1649/97 insofar as grant of benefits, i.e., arrears on account of antedating seniority and promotion are concerned. In response thereof, an earlier reply filed by the respondents on 23.1.2008 clearly referred to a compromise deed arrived at between the applicants and those who have been affected by the outcome of the OA, against which Writ Petition have been filed before the Delhi High Court. It is stated that the benefit of cadre restructuring and arrears have been allowed, as admitted on compromise w.e.f. 1.11.2003. It is also stated that the arrears for the period for which paid vouchers are not available, papers have been processed for obtaining the approval of the competent authority.
2. Respondents in their additional affidavit, however, referred to the compromise arrived at between the applicants and others, which has been produced before the High Court of Delhi, as a result of which pending Writ Petitions No.6706-10/2004 in OA-658/2004 have been allowed to be withdrawn.
3. Learned counsel of applicants states that having accepted implementation of the order and the respondents having taken steps towards it, despite knowledge of compromise, where the benefits of arrears have not been foregone and there is no waiver applicable to the orders passed by the Tribunal, has to be complied with in its true letter and spirit.
4. On the other hand, learned counsel of respondents vehemently opposed the contentions and stated that having compromised the issue, it is not open for the applicants now to claim any arrears etc.
5. On careful consideration of the rival contentions of the parties, no doubt a compromise binds the persons who are parties to the compromise, yet the applicants having accepted seniority over all those promoted as OS-II in August 1998 and DMS-II in December 2002, the fact of arrears etc. which has been processed by the respondents is not stated to have been foregone. On this contentious issue though we do not find any wilful disobedience, yet on the present stand of the respondents, applicants are at liberty on a fresh cause of action to assail it in appropriate proceedings. Accordingly, with the aforesaid liberty CP is closed and the notices issued to the respondents/alleged contemnors are hereby discharged. No costs.
(Veena Chhotray) (Shanker Raju) Member (A) Member (J) San.