Filing of Curative Petition in Supreme Court

ALL INDIA PUNJAB NATIONAL RETIREES' FEDERATION
CO: DELHI

Ref: aipnbrf_2018/098                    Dated: 18.12.2018

To all the Office Bearers/Central Committee Members/Head of Units of AIPNBRF

Dear Comrades

Re: Filing of Curative Petition in Supreme Court in the matter of 100% DA Case.

We are reproducing the circular Ref No: 201/238 dated 18.12.2018 issued by Comrade SC Jain, General Secretary, AIBRF regarding  filling of Curative Petition in Supreme Court in the matter of 100% DA Case, your information.

With Revolutionary Greetings

Comradely yours


MITRA VASHU
GENERAL SECRETARY
_________________________                                                                                                                                                                                                                                                                                                                                                                                                Ref:201/238                                                   Date : 18.12.2018

The Office Bearers/ Central Committee members/ State Body Chiefs
A.I.B.R.F

Dear Sir

Re: Filing of Curative Petition in Supreme Court in the Matter of 100 per cent DA Case

Several communications on filing of  curative petition in the Supreme Court  the matter of 100 DA case are  in circulation among retirees. These communications give impression as if  AIBRF is opposing filing of Curative Petition.

2.In this regard, we would like to clarify to remove  the wrong impression these mails are creating that basically the original WPs in this matter were filed by some individuals/base level retiree organisations without consultation or prior approval of AIBRF and they were handled independently by the concerned petitioners at different stages. However AIBRF extended support o these petitioners as the issue was affecting large number of retirees. But basic approach of AIBRF always remained to resolve this discrimination through organisational efforts.

3. However when the matter reached in Supreme Court in particular SLP against judgment of Kolkata High Court , AIBRF decided to file intervention application with the purpose to ensure that in case of favourable judgment, benefits accruing out of it are extended to all eligible retirees and authorities are prevented to keep benefits limited to the petitioners.

4. Unfortunately, retiree lost the case in Supreme Court and subsequently review petition was also dismissed.

5. Now the last legal option available is filing curative petition in Supreme Court for review of decision delivered on SLPs. It may be mentioned that there is no time limit  fixed for filing curative petition. Further the rules  and procedure for filing curative petition are very cumbersome, expensive and stringent too.

6. The issue was discussed at AIBRF level  as well in joint meeting of CBPRO & AIBRF where unanimous decision was taken to keep the decision on filing curative petition at the organisational level  in abeyance for the time being in view of the on going negotiation on bipartite settlement, 100% DA demand  is still  pending issue for UFBU as per the Record Note dated 25.05.2015. Therefore, organisational decision on filing curative petition may be taken after conclusion of the settlement.

7. Further view was expressed that appeal may be made to the petitioners that they may fall in line with the organisational stand on the issue. In other words they may consider keeping decision on  filing of curative petition in abeyance for some time though they had taken all decisions in this legal matter independently in the past. Therefore, if somebody is trying to create impression that AIBRF is opposing filing of curative petition by concerned individuals/ organisations through such communications are entirely wrong and baseless.
 
With Warm Greetings,
                                                                         Yours Sincerely,
                                                           
                                                                                                                          ( S.C.JAIN)                                                           GENERAL SECRETARY