HRA-supreme court decision

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CA Vijeta Verma (Querist)
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04 January 2011 Mr X works in a goverment department, because of a decision of CENTRAL APPELLATE TRIBUNAL(cat), decision in 1993, the 3rd grade workers of the deaprtment gor an increment amount of RS65000,
that time some appealed was filed in Supreme court.now as per supreme court decison such persons have to refund the whole amount, whether he /she is retired or in case of death the amount will be dedcuted from pension received by family memeber & in case of failure to refund the money the personal property of the person can be ceased..the appeal has been lost twice in supreme court
so what should be done?is the decsion of court right?how can the personal property of a person can be ceased?the decsion of CAT in 1993 though was given by a temporary judge who has now been transfered somewhere else, Can President or parliament help here?what should be done?

Vivek Raju P

Vivek Raju P (Expert)
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04 January 2011 Supreme court decission is final and there can be no recourse to this. A president will not be able to change the law, president can only approve a law that is passed by the parliament or reject it.

However a court can only judge based on the law and cannot create or interpret or add words to the law based on causus omissus.

The parliament can always change the law and give a retrospective effect, that will nullify the ruling of the SC.

But again considering India, which politician will empathise with the concerns of people

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CA Vijeta Verma

CA Vijeta Verma (Querist)
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04 January 2011 thank you for response sir, but you mean to say we cant do anything for those people?they are around 2000 people, & the deptt is a govt one.govt should be concerned with people?

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