Dear Members of P&T Audit Officers’ & Sr. Audit
Officers’ Association
As you may aware, the Hon’ble High Court of Delhi has
pronounced the Group ‘A’ case judgment on 17.9.2013 setting aside the CAT
judgment dt.10.12.2012 and ruled that SAOs are Group ‘A’ officers as mandated
under the applicable rules. The respondents
were directed to implement the order within 6 weeks. As the time fixed by the High Court will
expire in the last week of october, the respondents have only two options to
act either to implement the court’s judgment or to file Special Leave Petition
to the Hon’ble Supreme Court under Art 133 of the constitution. Which option the respondents intend to choose
will be known in the coming days.
In the meantime, the All India Audit and Accounts Officers
Association being the sole petitioner to the case filed a CAVEAT petition to
the Hon’ble Supreme Court. As you know
in case the respondents file SLP this caveat petition will immensely help us as
the Supreme Court cannot take any step without notice being given to the party
lodging the CAVEAT. Section 148A of
Civil Procedure Code authorizes that a CAVEAT may be filed by any person who is
going to be affected by an interim order likely to be passed on an application
which is expected to be made in a suit or proceeding instituted or about to be
instituted in a Court (in the instant case the SLP that may be filed by the
respondents).
In respect of Special Leave Petition, Art 136 of the
constitution vests wide discretionary powers in the Supreme Court which is to
be exercised sparingly and in exceptional cases only. Art 136 does not confer a right of
appeal. It confers only a right to apply
for special leave to appeal. While
taking all facts and circumstances into consideration, the Special Leave Petition
may be granted or rejected in the discretion of the court and where no
alternative remedies are available. The
Supreme Court has entertained appeal by special leave from judgments in civil
cases where substantial question of law have been involved, even though the
conditions laid down in Art 133(1) were not fulfilled or certificate granted
was defective. If such substantial
questions are involved, the SC may grant special leave appeal under Art 136
even where the High Court had rejected an application for certificate under
Article 133(1).
Thus, if the respondents file SLP in the coming days our
caveat petition will counter appropriately the plea of the respondents. If no SLP is filed, we welcome as a good step
on the part of the respondents and are always ready to negotiate under the
‘Collective bargaining’ process.
Having filed the caveat petition to the Supreme Court, the
other option left to us is to file contempt petition. To invoke contempt there must be a
disobedience to the court, by acting in opposition to the authority, justice,
and dignity thereof. Contempt may be
direct or constructive, criminal or civil.
A civil contempt consists in failing to do something ordered to be done
by a court in a civil action for the benefit of the opposing party
therein. It signifies a willful
disregard or disobedience of the court’s order; it also signifies such conduct
as tends to being the authority of the court and the administration of law into
disrepute.
In the meantime there is another significant development to
mention here is that, the Honorable Principal Central Administrative tribunal
has given his verdict on 22nd Oct 2013 favorable to Pay and Accounts
Officers citing our Delhi High Court Judgment. It is not out of the way to
mention here that this case was filed before Principal Central Administrative
Tribunal well ahead of us during July 2011.Hence
our Judgment is milestone Judgment which
actually broken the ice. We are forerunners of all good things happening
to audit and accounts cadre.
We are not
concerned about temporary relief or buying sympathy, sweets, blankets, however
well intentioned. From the experience of
75 years of working as Association for Audit and Accounts officers in the Indian
Audit and Accounts Department, we have learnt that permanent change in the
working environment, service conditions of the Audit and Accounts officers is possible
only when the root causes that tend to affect our Self respect and Pride are
tackled. We believe that all Audit and Accounts officers are equal, with equal
rights guaranteed to them in the Constitution
of India. Yes!! We are for our Rights.
