Supreme court imposed a fine of 50000/- on DoP for filing SLP against Karnataka High Court order on fixation of pay of PO & RMS accountants. This means that PO & RMS accountants are eligible for including special pay in their basic pay at the time of fixation of pay on promotion.
Order of the court is as follows:
This petition filed for setting aside order dated 18.11.2010 passed by the Division Bench of the Karnataka High Court is accompanied by an application for condonation of 445 days delay
We are further of the view that the Bangalore Bench of the Central Administrative Tribunal did not commit any error by quashing the action taken by the petitioners to re-fix the respondent's pay on the recommendations of the Vth Pay Commission and the High Court rightly declined to entertain the petitioners' challenge to the order of the Tribunal.
Learned senior counsel appearing for the petitioners could not put forward any tangible argument to support re-fixation of the respondent's pay in the light of the recommendations of the Vth Pay Commission. Therefore, we do not find any valid ground to interfere with the impugned order.
The special leave petition is accordingly dismissed on the ground of delay and also on merits.
For filing a frivolous petition like the present one, the petitioners are saddled with costs of rupees fifty thousand which shall be deposited by them with the Supreme Court Legal Services Committee within a period of eight weeks from today. It will be open to the Central Government to recover the amount of costs from the officers responsible for taking wholly arbitrary and unjustified action for re-fixing the respondent's pay.
Order of the court is as follows:
This petition filed for setting aside order dated 18.11.2010 passed by the Division Bench of the Karnataka High Court is accompanied by an application for condonation of 445 days delay
We have heard Shri. R. P. Bhatt, learned senior counsel representing the petitioners and carefully perused the averments contained in the application filed under Section 5 of the Limitation Act and are convinced that there is no valid ground to accept the explanation offered by the petitioners for delayed filing of the special leave petition.
We are further of the view that the Bangalore Bench of the Central Administrative Tribunal did not commit any error by quashing the action taken by the petitioners to re-fix the respondent's pay on the recommendations of the Vth Pay Commission and the High Court rightly declined to entertain the petitioners' challenge to the order of the Tribunal.
Learned senior counsel appearing for the petitioners could not put forward any tangible argument to support re-fixation of the respondent's pay in the light of the recommendations of the Vth Pay Commission. Therefore, we do not find any valid ground to interfere with the impugned order.
The special leave petition is accordingly dismissed on the ground of delay and also on merits.
For filing a frivolous petition like the present one, the petitioners are saddled with costs of rupees fifty thousand which shall be deposited by them with the Supreme Court Legal Services Committee within a period of eight weeks from today. It will be open to the Central Government to recover the amount of costs from the officers responsible for taking wholly arbitrary and unjustified action for re-fixing the respondent's pay.
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