Waiting list expiry even if matter was subjudice.
11 months ago
I filed a case in CAT when my waiting panel was still valid (5 months before the validity expiry), and the judgement came in my favor after 2 months of the validity expiry. Now department is not honoring the judgement saying that my waiting panel has expired. Can a waiting panel expire for the petitioner when the matter was already subjudice under CAT? Or is that an excuse they are making and I need to take further action on this?
A.Dear Client,
Sec.27 of The Administrative Tribunal Act, 1985, the procedure of execution of orders of a Tribunal is laid down.—Subject to the other provisions of this Act and the rules, the order of a Tribunal finally disposing of an application or an appeal shall be final and shall not be called in question in any court (including a High Court) and such order shall be executed in the same manner in which any final order of the nature referred to in clause (a) of sub-section (2) of section 20 (whether or not such final order had actually been made) in respect of the grievance to which the application relates would have been executed.
Being the above proposition of relevant law, you may write the Secretary, of the concerned bench of the Tribunal informing non-implementation of final order of the Tribunal which is now enforceable on the expiry of a waiting period.
Sec.27 of The Administrative Tribunal Act, 1985, the procedure of execution of orders of a Tribunal is laid down.—Subject to the other provisions of this Act and the rules, the order of a Tribunal finally disposing of an application or an appeal shall be final and shall not be called in question in any court (including a High Court) and such order shall be executed in the same manner in which any final order of the nature referred to in clause (a) of sub-section (2) of section 20 (whether or not such final order had actually been made) in respect of the grievance to which the application relates would have been executed.
Being the above proposition of relevant law, you may write the Secretary, of the concerned bench of the Tribunal informing non-implementation of final order of the Tribunal which is now enforceable on the expiry of a waiting period.
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A.Hello,
yes the waiting panel can expire the petition when the matter was already subjudice under CAT.
yes the waiting panel can expire the petition when the matter was already subjudice under CAT.
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