AN APPEAL TO GOI BY PRE-2006 PENSIONERS

We pre 2006 pensioners make an appeal to GOI  for implementing the mandamus issued by division bench of honorable Delhi High court in WP(c) 1535/2012.The high court has directed the GOI to implement the cabinet resolution dated 29/08/2008, in which the  recommendation of 6^th CPC were accepted , w.e.f. 01/01/2006.we therefore make an appeal to  the honorable Prime minister   to intervene in this matter and issue necessary instruction to the department of pension for implementing  the cabinet resolution dated 29/08/2008 in letter and spirit  as directed by Delhi high court and release the arrears w.e.f.01/01/2006  without dragging the senior citizens of  our country to further litigation. The remark made by the high court in the judgement that they should not be burdened further in this matter shows the strength of judgement. The reasoning given by the court in this judgement will hold good even in the international court of justice. As you know very old and ailing pensioners are also waiting for this legitimate benefit, confirmed upon them by the court, this appeal may please be considered sympathetically at your earliest and the benefit may be disbursed to them on humanitarian ground before they breathe their last.

IMPLICATION OF DELHI HIGH COURT JUDGEMENT IN PRE 2006 PENSIONERS CASE

Several central govt pensioners’ organisations have misunderstood the implication of judgement in pre 2006 pensioners’ case by Delhi high court in Gov appeal 1535/2012. They plead that the Gov OM dated 28/01/2013 giving improvement in pension to pre 2006 pensioners should be implemented from 01/01/2006 instead of 24/09/2012. The Delhi high court do not direct to implement this circular but it orders to implement the judgement in  
CAT PB case no.655/2010 in which the CAT PB has directed to implement the cabinet resolution  accepting the 6^th CPC report dated 29/08/2008 (which is published in gazette No. 305 dated 29/08/2008 section 1 Part -1.)

The cabinet resolution confers  the  benefits of  fixation of pension of  pre 2006 pensioners as per the pay structure given by 6^th CPC corresponding to the pre revised pay in the pay band  w.e.f.01/01/2006 where by disparity in pension between the pre 2006 & post 2006 pensioners is removed. It also gives the benefit of delinking full pension with 33 years of service w.e.f.29/08/2008. Accordingly those pensioners  who have more than 20 years but  less than 33 years of service will get full pension(50%of basic salary inclusive of grade pay) w.e.f. 29/08/2009 where by disparity in this case is also removed.  This  provision is denied in para 5 of the circular dated 28/01/2013 giving improvement in pension. It is true that most of the pensioners are having more than or equal to 33 years of service but there are few others who have less than 33 years of service .Hence it is requested that pensioners should not plead for implementation of circular dated 28/01/2013 w.e.f.01/01/2006 but should plead for implementation of cabinet resolution OM dated 28/09/2008 w.e.f.01/01/2006 which is the direction of the court judgement in govt appeal 1535 & cat order 655. 
The most favorable part  of this judgement is that a mandamus is issued to UOI  refix the pension of respondents as per cabinet resolution within a period of two months from the date of judgement.

CLICK THIS LINK FOR DELHI HIGH COURT JUDGEMENT

CLICK THIS LINK FOR CABINET RESOLUTION

CLICK THIS LINK FOR PENSION ENHANCEMENT CIRCULAR DATED 28/01/2013

CLICK THIS LINK FOR FITMENT TABLE OF 6th CPC IMPLIMENTATION