LAWS(KER)-2010-12-539

V PADMINI AND ORS Vs. NOREEN NAQVI

Decided On December 06, 2010
V PADMINI AND ORS Appellant
V/S
NOREEN NAQVI Respondents

JUDGEMENT

(1.) The Petitioners are the legal heirs of the deceased applicant in OA No. 804 of 2000, who retired from the service of the erstwhile All India Radio, on 31.10.1996, while working as a Programme Executive. The O.A. was preferred by the deceased during his life time, claiming the benefits of the order dated 25.02.99 issued in the matter of upgradation of pay scales of certain categories of employees working in the 'Prasar Bharati Corporation' with effect from 06.01.1996.

(2.) After hearing both sides, the prayer made in the application was declined and OA was dismissed by the Central Administrative Tribunal, Ernakulam, which was subjected to challenge by filing O.P. No. 22964/2002 before this Court. The events did not turn to be fruitful and the OP filed by the deceased was also dismissed. Later, a Review Petition was filed before this Court by the deceased Petitioner stating that the Bangalore Bench of the Central Administrative Tribunal had taken a different view in OA No. 889 of 1999 filed by some similarly situated persons and that, the concerned Respondents had already taken a decision to have it implemented and this being the position, the claim of the Petitioner is also liable to be entertained in a positive manner.

(3.) The above Review Petition (RP No. 405/2007) was disposed of by this Court observing that the verdict already passed in OA or the judgment in OP No. 22964/02 will not bar the way of the Petitioner in approaching the 2nd Respondent forgetting similar benefits, if the concerned Respondents had already implemented Annexure A1 order. It is alleging willful disobedience of the said direction that the Petitioners (legal heirs of the deceased Petitioner) have approached this Court stating that the direction has not been complied with, which is sought to be proceeded against.