If Respondent reject application forcoension you can challenge said order in HC
no. need to file SLP in SC
In a WP (C) High Court of Kerala passed an order, as prayed by the petitioners on the day of admission itself, directing the respondent to consider and pass orders on the petition, seeking to allow one last option for pension to the employees/members of the Petitioner Association after affording a chance of hearing to them..The prayer/petition is to reconsider the rejection of the petitioners demand for one last option for pension by the respondent. In case the respondent does not pass a favourable order i.e. allowing one last option for pension, can the petitioners move the Supreme Court with SLP
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If the decision of the respondent, Union of India, is not favourable, as prayed for in the petition marked as Exbt P 13 can we straight away move SLP before Supreme Court of India
Any further details can be furnished, if need be.
How long will it take to provide the advice
If Respondent reject application forcoension you can challenge said order in HC
no. need to file SLP in SC
In case the direction of the High Court is not complied with in the time limit set by the HC, is there any scope for filing Contempt of court against the respondent
OK
Entire case file needs to be studied in order to provide concrete advice.
If there is no any question of law or any gross miss carriage of Justice, then SLP can be filed in Supreme Court.
1. No SLP can be filed in supreme court as the same would be premature.
2. The High Court has rightly passed the order for considerations of the case pf the petitioner by the respondent authorities.
3. Now after consideration of their case once again the public authority refuses their claim for pension, then the petitioner can file writ petition in the same high court challenging the order refusing to consider their case for pension.
4. In the said writ petition if the high court does not impugn or quash the said order refusing to consider the case of the petitioner for pension the after intra court appeal, if any, the petitioner move to supreme court under SLP once again.
Dear Sir,
My answers are as follows:
In case the respondent does not pass a favorable order i.e. allowing one last option for pension, can the petitioners move the Supreme Court with SLP.
Ans: Yes, the right always reserved to challenge the orders passed by respondent either in High Court or in Supreme Court.
If the decision of the respondent, Union of India, is not favorable, as prayed for in the petition marked as Exbt P 13 can we straight away move SLP before Supreme Court of India
Ans: It can be moved under Article 32 of Constitution but at admission stage itself there will be lot of problems to admit your SLP.
Any further details can be furnished, if need be.
Ans: It is better to move High Court at first instance if respondent fails to pass orders in favor of petitioners.
How long will it take to provide the advice
Ans:
In case the direction of the High Court is not complied with in the time limit set by the HC, is there any scope for filing Contempt of court against the respondent
Ans: It is natural that if time bound implementation of High Court orders not obliged by respondent then you can move contempt petition.
If the orders passed by the high courtin the writ petition is not obeyed by the respondent, then a contempt of court petition may be filed for non-compliance
The SLP before supreme court is not maintainable because the petitioners are not aggrieved by the decision of the high court in the disposal of the writ petition.
Any further details can be furnished, if need be.
Did you discuss the subject matter with the advocate oir at least got a second opinion from a different lawyer?
At last now you can do it.
How long will it take to provide the advice
You will get advises from few advocates of this forum immediately.
In case the respondent is not approaching the supreme court with an appeal and the time limit is exhausted then you may plan to file a contempt of court petition.
If a direction is issued to the respondents to pass an order and the order is adverse to you then you may file a fresh writ petition in the High Court to challenge the order on merits. There is no scope to file a SLP in this scenario.
Not SC but again in HC than court will decide on merit. And once order delivered in your favor and not complied in given time, contempt will file.
No, in that case the petitioner will have to file a writ of certiorari and pray for quashing of the said order
as per order passed in petition, the petitioners must first apply to the UOI to reconsider the rejection of pension and give one last chance to them to put forward their case
if the respondent UOI does not give any such hearing on an application moved by the petitioners then the petitioners can again apply to the High Court in the same writ petition to issue necessary directions to the respondent
if the respondent does hear the petitioners and passes an unfavourable order then the petitioner can file a fresh writ petition challenging the grounds of rejection
no need to file a SLP now