Port Blair, Dec 09: The Hon’ble High Court at Calcutta on 2nd December, 2022 has imposed a cost of Rs. 1.25 lakh on the A & N Administration to be paid to the CITU-affiliated Andaman SarvajanikNirmanVibhag Mazdoor Singh (ASNVMS) within one week for the dilatory tactics adopted by the Govt of India and A & N Administration in pursuing the Appeal filed by them against the judgement dated 13th December, 2019, directing the Administration and Govt. of India to extend the financial benefits of 1/30th of pay plus DA Scheme to all the DRM workers from the date of their initial appointment as per the Govt. of India’s order of 1988, a release issued by CITU said here today.
Challenging the High Court judgement of 13th December, 2019, the Govt. of India & A & N Administration filed an Appeal before the Division Bench of the Calcutta High Court in February, 2020. Admitting the Appeal, the Hon’ble High Court had directed the A&N Administration and Govt. of India to file paper books. The Court had subsequently dismissed the appeal, but before signing the order, A & N Administration filed petition before the Court raising the same issues. The Appeal was listed for re-hearing in March, 2021.
The Division Bench of the Hon’ble High Court on 18th November, 2021 had imposed a cost of Rs. 51,000/- on the A & N Administration for dilatory tactics adopted by the Administration which was paid to the Union by the Administration promptly.
However, the Administration allowed the Appeal to continue to stagnate and failed to take any steps to get the appeal heard. Again, the Hon’ble High Court on 22nd August, 2022 had imposed a cost of Rs. 1 lakh on the A & N Administration to be paid to the Union for delaying the appeal filed by the Administration against the judgement of the High Court on 13th December, 2022.
The costs were to be paid within two weeks from the date of the order and the Learned Registrar of the Circuit Bench was requested to assist the Administration in disbursing the costs among the respondent Union/petitioners. The order of the Hon’ble High Court dated 22nd August, 2022 further directed that if the Administration fails to comply with the direction within two weeks, the appeal, being M.A 09 of 2020 would be dismissed without any further reference to the court.
Despite such order of the Hon’ble High Court, the Administration did not disburse the cost of Rs. 1 lakh to the Union and as such on failure to disburse the cost as directed by the Hon’ble High Court, the appeal filed by the Govt. of India and A & N Administration naturally stood dismissed on 6th/7th September, 2022.
Instead, the A & N Administration on 19th September, 2022 has filed an application before the Hon’ble High Court to recall the order passed by the Court to disburse the cost of Rs. 1 lakh without any valid reason. The Hon’ble High Court, however, restored the Appeal and posted it to hear on 12th December, 2022 and increased the cost from Rs. 1 lakh to Rs. 1.25 lakh on the Administration to be paid to the Union.
The BJP-led central government with a view to deny the benefit of 1/30th of pay plus DA to the poor workers has been engaging the Additional Solicitor General of India to defend this case. However, the Union is represented by Ld. Advocate Shri Gopala Binnu Kumar.