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Government ‘fully responsible’ for overburdening this court: Supreme Court


The government is “fully responsible” for overburdening this court, a court of Supreme Court judges said on Friday as it listened to a requested intervention regarding seniority and promotion cases.

The higher court, headed by Judge Sanjay K Kaul, expressed its displeasure at the multiple petitions filed on appeal against work-related benefits for current or retired government employees.

The Union of India appealed to the Supreme Court in two of those cases where it was aggrieved by the orders of the higher courts. In both cases, the central administrative court (CAT) had ruled in favor of the employees.

In the first case, the government’s case was brought by additional attorney general Madhvi Divan from the Ministry of Defense.

It was an appeal against a Kerala high court ruling, which affirmed the benefits of higher pay and seniority in favor of a former military man, who was now working in a civilian position in the navy.

As soon as the matter was raised, the court, which also included Judges Dinesh Maheshwari and Hrishikesh Roy, expressed its reluctance to consider the matter.

“How many cases of this type will the government take to court? We believe that such a matter is presented to us for the third time. Will it ever end? Divan questioned.

As Divan sought to appease the court by highlighting the repercussion of the November 2019 superior court order on several other cases, the court told the law enforcement officer that this explanation was not good enough.

“The government is fully responsible for overburdening this court. Take everything to this court regardless of the merits of the matter. And then we have to examine everything if it has any merit or not, ”said the bench.

Then the judges asked Divan: “Here is an officer, who has served you for more than 10 years in the army. Now, he’s serving you in another wing, the navy. But it drags him to this court with certain benefits. Why would you do this? “

Shortly thereafter, another appeal came from the government, represented by Additional Attorney General Jayant Sud. This case concerned the granting of seniority benefit to a customs official, as ordered by the Punjab and Haryana High Court.

Before Sud could even begin, the bank got upset: “What is this now? Mr. Sud, there must also be an end to the litigation. He just can’t go on and on. “

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