Tuesday, November 23, 2010

Rank Pay Recall/ Review Petition transferred to another bench

Grievances Redressal Commission & Rank Pay- Moderate your euphoria
I understand that there is nothing in law to ask for recall/ review of a Judgement of a Supreme court Bench unless it is a constitutional issue requiring deliberations by a larger bench, or a open case of miscarriage of Justice or impropriety of conduct of judges etc. Here is a case where recall is requested based on merits of judgement and larger public interest as the petitioner will incur a huge cost of public money if the judgement is made applicable to all affected personnel.Further, a supposedly "procedural lapse " of not hearing the transfer petitioners during admission stage of their petition and clubbing them with the writ petitions is also cited as a reason for recall. It is an irony that the Petitioners involved in the Transfer Petitions at various courts have not raised any objection at any stage on the admission procedure of their petitions at the preliminary stage nor the Govt raised an objection to this procedure during admission stage. To me it appears that it is an attempt by Govt to delay the conclusion of the legal process through unethical manipulations by the Govt legal experts and our wily bureaucrats.

Justice Katju, a true Son of famous old Guard leader of Congress, was fed up with these manipulations and indirect assaults on him through contemptuous language and decided to refer this recall petition only to another Bench of the Court to avoid another set of accusations if he decided to reject the recall petition outright on his own. My appreciation is that the recall petition is likely to be rejected as without purpose and merit. The only strong point brought out is that a large expenditure of more than Rs 1600 crores will be incurred if the judgement covers all affected personnel. But such large expenditure of Public money is the direct result of the poor decision of Govt not to extend the benefits to others when they lost the case of Dhanabalan convincingly and agreed to pay his arrears.
Regards,
Veteran S Murugan

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