It is not clear from the limited facts mentioned by you as to what exactly was the order of the tribunal (or court) in the OA. Was it for “considering” the claim of pay parity on merits, or a specific order of granting pay parity? Secondly, in the reply of the respondents during the OA, whether they had clearly mentioned that they would grant pay parity on promotion in the grade of Deputy Director (with no conditions attached), or they had mentioned that they would consider it on merits, or that the claim was premature and can be raised and considered only after you are promoted as DD? Further, after your promotion as DD, whether the respondents “considered” your claim for pay parity, or they did not consider it at all? One situation is that they considered your claim and rejected it. Another situation could be that they did not consider your claim at all.
Depending on all such facts, there may also be a possibility of filing a contempt petition against the respondents for not complying with the orders of the tribunal.
Further, generally speaking, it should not be possible for the respondents to take fresh grounds for opposing your claim during the execution application, when in the OA they had not raised all those issues and had not opposed your claim on the basis of which the order of the tribunal came to be passed during the OA. As you rightly mentioned, it may amount to review of the previous order, which is not permissible in the execution application. I am writing this on the basis of the limited facts mentioned in your case. In such a situation, you may strongly object to the raising of these issues at such late stage, and if you can convince the tribunal, the objections of the respondents may be rejected by the tribunal and the order may be passed in your favour.
You may consult some local lawyer by showing all your papers, if you have not done so already. Only a lawyer who has studied your papers in detail can advise you in the best possible manner.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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