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Saturday, 4 May 2013

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 6th 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 6th 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.

122 comments:

  1. Dear Chandran,

    Please clarify whether ex servicemen residing in Karnataka, are eligible to avail FREE LEGAL AID to file civil suit for partition of ancestral property which is in posession of my younger brother in the village,who is not willing to partition the property. please refer your blog for IAF Pensioners' hand book page No. 208-209. Legal Assistance and other free/Tax Concessions-RSB Code No. 13- Last Row- Free Legal Aid-FREE-. I had Correspondence with DAV IAF NEW-DELHI, for which they have replied that there is no free legal aid provision. Please clarify the provision of Handbook.

    ReplyDelete
  2. Dear Sgt. Harish The provision of legal aid is given by state ZSB in collaboration with state government.Unfortunately state of Karnataka do not provide free legal aid to ex-servicemen.This can be verified from AF handbook page 111,112,113 which specifies the benefits given by Karnataka.

    ReplyDelete
    Replies
    1. Dear Chandran,

      Thank you for the prompt response to my clarification.

      With Regards,

      Harish. B. N.

      Delete
  3. In AF hand book it is wrongly given as YES in that page.But if you refer KENDRIYA SAINIK BOARD Hand Book you can see that free legal aid is not available in Karnataka. In this case the later is the authority.

    ReplyDelete
  4. Can we all send an immediate plea to DOP to provide pension benefits wef 1.1.86 as per Cabinet Resolution dt. 28.9.08 including full pension for 20 years service.

    If MBC can attempt a draft representation to this effect and put up the same in this site, it will be very helpful.

    Imayan

    ReplyDelete
  5. The case of removing the disparity for pre-2006 pensioners by giving the benefit of full pension on completion of 20 years of qualifying service without linkage of 33 years of service besides revision of pension w.e.f. 1.1.2006 in view of the Delhi High Court decision dated 29.4.2013 should also be taken up by all the Central Govt. Pensioners Association with the Deptt. of Pension & Pensioners Welfare.

    ReplyDelete
  6. Is VSS employee from NDPL who take retirement before the retire date come under this sccome under this scheme or not

    ReplyDelete
  7. is vss employee from ndpl come under this scheme or not if yes what is the procedure for claiming that

    ReplyDelete
    Replies
    1. The scheme is applicable for central govt & defense pensioners.

      Delete
  8. pre 2006 ex serviceman will be be benefited or not

    ReplyDelete
    Replies
    1. PRE- 2006 EX-SERVICEMEN WILL DEFINITELY BE BENEFITED ,
      NO DOUBT

      Delete
    2. Is the central govt. employee retired before 2006 ( having 12yrs of service) are also going to get benfited by the delhi high court decision

      Delete
  9. Dr K N Shukla18 June 2013 09:39

    The government has not yet issued the order to implement the Delhi high court order instead it is trying to implement its own order issued in September 2012.Further DOP is insensitive in granting full pension to the pensioners having less than 33 years of the service.The grievances cell of the department of pension does not bother to reply to the grievances registered by the individuals even for more than 2 years. It is requested that a joint memorandum submitted to the government to implement the order of the Delhi high court along with the pension parity for the pensioners having less than 33 years but more than 20 years of service.

    ReplyDelete
    Replies
    1. GOI is contemplating to file an appeal in supreme court,we can expect a favorable verdict in this matter by sc,after that this problem will be solved. mean while all affected gentlemen are requested to sent memorandum to PM individually and severally.

      Delete
    2. Please inform me the latest in this matter

      Delete
  10. is it a cold blooded murder, a) by not giving cabinet resolution conferring the benefits of fixation of pension of pre 2006 pensioners as per the pay structure given by 6th CPC.High court orders to implement the judgement CPC.CAT PB case no.655/2010 in which the CAT PB has directed to implement the cabinet resolution. b)OROP ; promised before election,discussed in parliament,different committees set up but given peanuts.like wise their may be many more points. Is there any body ,who can be fixed responsibility for this cold blooded slow murder. He should be brought to books.

    ReplyDelete
  11. Did the Supreme Court admit the appeal in the SLP of Pre-2006 pensioner's case?

    ReplyDelete
    Replies
    1. Let us hope that the highest court of our land will correct the rulers

      Delete
  12. GOI has not yet filed appeal in supreme court,but likely to file it soon as per reliable sources,where as the pensioners have filed a caveat in sc

    ReplyDelete
  13. How many months it may take at Supreme Court to resolve the pre 2006 case ?

    ReplyDelete
  14. Dear Mr. Ghosh,
    It may take six to eight months to get the SC verdict

    ReplyDelete

  15. In the current scenario those deceased government servant not completed 33 years of service but completed 20 years of service and deceased before 2006 there family pension holder is not getting the full pension as per 6th pay commission ? If not then what is the remady ?

    ReplyDelete
    Replies
    1. We have to wait for the supreme court verdict in this regard

      Delete
  16. Thank you for the prompt response.

    With Regards,
    Avik Ghosh

    ReplyDelete
  17. how can we sent memorandum individually to P.M. please tell us

    ReplyDelete
  18. You can copy the above memorandum & take a print out of the same.send the same to The prime minister, south block, new delhi

    ReplyDelete
  19. krishan

    i have completed 20 yrs qualifying service in the age 43 yrs. confirm i am entilted for new pension scheme as per delhi high court order, please confirm and oblige

    ReplyDelete
  20. If you are a central civil service pensioner,you are entitled to benefits as per the Delhi High court order.But if you are ex-servicemen you have to depend on the mercy of MOD

    ReplyDelete
  21. IS GOVT OF INDIA FILE AN APPEAL IN SC AGAINST DELHI HIGH COURT JUDGMENT IN PRE-2006 PENSIONERS CASE TILL DATE ? OR STILL THEY HAVE NOT DECIDED ?

    AVIK GHOSH

    ReplyDelete
  22. as we know the pensioners organisation have been file a caveat in SC wiil SC not accept of goi plea or something wiil different.

    ReplyDelete
  23. A caveat filed for preventing the petitioner from obtaining Ex-party stay without hearing the respondents.It has nothing to do with the admission of petition.

    ReplyDelete
  24. As SLP filed by GOI is dismissed by SC, will GOI now implement HC's decision dated 29.4.2013?

    ReplyDelete
    Replies
    1. The GOI has to implement the verdict of apex court otherwise it will amount to contempt of court

      Delete
  25. GOI go to appeal Supreme Court against Delhi HC Order regarding pre-2006 pensioners or not? What is deadline for appeal to SC?

    ReplyDelete
  26. The SLP 23055/2013 has already been filed by UOI which is now dismissed by the apex court on 29/07/2013.For details please refer main posting on this blog

    ReplyDelete
  27. sir, what are the remedy have a govt. after dismissed her SLP by the apex court

    ReplyDelete
    Replies
    1. If the GOI do not implement the CAT PB original judgement immediately,the original petitioners will file a contempt petition in CAT PB.This court can direct the GOI to make payment or face punishment

      Delete
    2. sir,
      GOI not implement the CAT PB judgement now after dismissed SLP by Supreme Court.what's running in govt. mind in light of your prediction.

      Delete
    3. what is the time in your prediction to implement by GOI CAT PB judgement after dismissed SLP by supreme court.

      Delete
  28. Dear MBC, how do you collect relevant information so fast,it is amazing.My regards to u.

    ReplyDelete
  29. Dear MBC What is the benefit pre 2006 Pensioner as per Supreme Court order SLP 23055/2013 Which amount to get pensioner

    ReplyDelete
    Replies
    1. pre-2006 Pensioners will now get arrears w.e.f.01/01/2006 if their revised pension was fixed at less than 50% percent of the minimum of the pay in the pay band including grade pay thereon in the revised scale corresponding to the pre-revised pay scale from which the pensioner has retired.The amount of pension will be as per individual data

      Delete
  30. sir,
    all pre 06 paramilitery forces after 20 years service v/retirement will benifited all the things ie gratuity,leave encashment,commutation etc
    or not .

    thanks
    s k manna

    ReplyDelete
    Replies
    1. Pensioners will now get arrears w.e.f.29/08/2008 if their revised pension was fixed at less than 50% percent of the minimum of the pay in the pay band including grade pay thereon in the revised scale corresponding to the pre-revised pay scale from which the pensioner has retired.
      This will counted only for the purpose of fixation of pension.

      Delete
  31. KRISHAN SHARMA

    Sir, i am retired as LDC in the year 1994, from Chief Enginneer
    Jalandhar Zone Jalandhar Cantt as a civilian clk, please confirm that i am entitled for revised pension as per delhi high court order, i have only basic pension rs 3500/-minimum

    best regard

    ReplyDelete
    Replies
    1. Dear Sharmaji, please furnish the scale in which you have retired,basic pay at the time of retirement,your category in 5th CPC( S3or S4),Fixation of pension w.e.f.01/011996.Please furnish these details through communication box.

      Delete
    2. name of pensioner Bachan singh
      Category in 5th CPC S12
      Basic pay at the time
      of retirement Rs 6700/-
      Pay scale Rs 6500-200-1050
      Basic pension w.e.f.
      1.7.96 Rs 3250/-
      Date of retirement 31.7.96
      How much pension I am entitled for w.e.f.1.1.2006 as per DHC order dated 29.4.2013

      Delete
    3. Dear Members/visitors,

      Kindly use this page only for making comments.for calculation & lengthy query use communication
      box on left side of blog or directly use my E-mail ID
      given under blog author

      Delete
  32. How much pension is entitled to me for the following particulars w.e.f. 1.1.2006 as per Delhi HC order dated 29.4.2013

    Pay scale 6500-200-10500
    Category in 5th CPC S-12
    Basic pay at the time
    of retirement Rs 6700/-
    Basic pension w.e.f 1.7/96 Rs 3250/-
    Date of retirement 31.7.1996

    ReplyDelete
  33. Pre 2006 pensioners can calculate the amount of their arrears for the period 1.1.2006 to 30.6.2013 by multiplying increase in pension by 120.This will give almost 99.9 percent correct amount. Faqir Chand

    ReplyDelete
  34. what is your email address

    ReplyDelete
    Replies
    1. Dear Sir,

      My E-mail address is given on the left side of blog under blog author

      Delete
  35. what is the process of GOI Pre-2006 Pensioner Arears which time release arears 1.1.2006 to 29.12.2012 paying a 6 years...but 2008-2009 and 2009-2010 has been GOI Already Paid Difference on Two Installment 40% and 60%...so what only 4 years Difference paid a pensoner

    ReplyDelete
  36. Dear Sir,
    Is it correct that GOI is considering to file another SLP against the decision of DHC in wp 1535/2012 on the ground of financial crisis and also plead the case accordingly before the PB CAT on 25.9.2013. Should we may not argue to first implement the judgment and start paying pension to pre 2006 pensioners at 50 % of minimum of pay band plus grade pay counting 20 years qualifying service in view of the recommendations of 6CPC and start making payment accordingly . For arrears it may be distributerd in two instalments as it was done earlier while making payment on recommendations of 6 CPC and pay interest as per judgment.

    ReplyDelete
    Replies
    1. I agree to the above proposalwith the amendment to the extent that the judgment says that in no case pension should be less than 50% of pat band plus grade pay. 6 CPC had bunched several grades together and said that minimum pension in any case should not be less than 50 % for existing pensioners There is no condition of 20 years service or pro-rata pension. It should be directly calculated as 50% for existing pensioners
      I.R.AMAR

      Delete
  37. my service 16year two month i retire 10 oct 2000 pl my benifit yes ya no jagpal12 sep

    ReplyDelete
    Replies
    1. Dear Sir,
      If you are a civilian central govt pensioner,you wont be benefited

      Delete
  38. HOW MUCH DAYS GOVT WILL BE RELEASE THE NEW PENSION ORDER TO PCDA ALLAHABAD FOR GIVING THE ARREARS TO DEFENCE CIVILIAN PERSONNEL.
    KRISHAN SHARMA

    ReplyDelete
    Replies
    1. Dear Sir,
      The case is still in the court.Since the GOI has not implemented the court order a contempt petition is being heard in the court.Hence you can not expect the order soon.

      Delete
  39. dear sir my service 16 year two month i retire 10 oct 2000pl my benefite yes ya no i am retire army for eme i know one rank one pasion benefited

    ReplyDelete
    Replies
    1. Dear Sir,
      When OROP is fully implemented you will definitely be benefited

      Delete
  40. unless the contempt petition is heard & new direction is given to UOI, it won'nt implement. I am afraid if Govt can come with excuse that they do.nt have money as they may be spending huge amt on food security bill for capturing votes.

    ReplyDelete
  41. Dear Sir,
    It is correct that The Old age pensioners are denied their legitimate dues even after the decision of Apex court resulting in contempt proceedings. Tomorrow is the date of hearing of the contempt petition. Govt. may come with the argument of financial implication. This situation has arose because of delay tactics of the Govt. Had the implemented the recommendations of 6CPC at that time the accumulation of arrears would not have arisen. Now they can not raise the issue of financial implication and deny the justice granted by the honourable courts including the Apex Court of the country. Now the Hon. CAT should order favourably to implement its own judgment and punish the guilty for not obeying their orders. It should be ensured that justice granted should be implemented without any further delay

    ReplyDelete
  42. our DR is not credited in our account till now what can be reason

    ReplyDelete
    Replies
    1. Dear Sir,
      It is the normal delay not due to judgement implementation

      Delete
  43. Dear Sir,
    Now since no stay is granted by the Hon'ble SC to GOI 0n 7.10.13 , there is no other alternate left to the govt. except to issue the correct order before 10.10.2013 without any ambiguity i.e. in no case pre 2006 pensioner's pension should be fixed less than 50% of pay band plus grade pay and all arrears will be payable . Do you agree?
    Ishwarlal.

    ReplyDelete
  44. dear ishwarlal i am in full agreement with your views.

    ReplyDelete
  45. Dear Sir,

    I have not been paid the arrears of DA @ 8% for the months Jan to Mar 2013 by my bank where I am having my pension account. Will you kindly let me know what action should I take to get this payment. Here, I would like to state that from April 2013 I am getting the increased DA from the bank.

    Thank you,

    NK Daiya

    ReplyDelete
    Replies
    1. Dear Sir,
      Please give a written complaint to the branch manager of the bank with copy to your pension account office.Let us see what happens

      Delete
  46. Sir my mother basic family pension before 01.01.06 only rs.2336 and total pension 4340.Now the basic 5280 and total pay till today 9804 will my mother benefited after DHC order? Email id - rambishnubanerjee@gmail.com

    ReplyDelete
    Replies
    1. Dear Mr. Banerjee,
      Your Mother will definitely be benefited since basic pension is more than the minimum.But you have to wait for the out come of SLP filed by the UOI in supreme court

      Delete
  47. Rajvir singh dhaka31 October 2013 07:54

    Dear Sir,

    As i get the information from various sources, i think SLP of UOI has been declined by Supreme court, it is true or we have to wait more about the orders of Supreme court.
    If its true then, why GOI waiting for implement the orders
    Please guides us

    ReplyDelete
    Replies
    1. Dear Mr.Rajvir singh,

      The UOI SLP is listed to be heard in SC on 12/11/2013 & 15/11/2013.

      Delete
  48. sir as central govt anounce 10% da from july 13 workers and pensioners as well my father is pre 2006 pensioners his pension increase by rs 518 it means his basic pension is 5180. when we calculate 90% of 5180 it equals to 4662 then his total pension should be 9842. But he receiving total pension 8761. pls suggest me what can we do.
    thanks & regards
    Dharmendra kumar thakur

    ReplyDelete
    Replies
    1. Dear Mr.Dharmendra,
      I assume that you might have received the three months DA arrears first & then you got this month pension along with an increase of Rs. 518.This amount is likely to include adjustments in respect of the three months DA arrears paid.Hence you are requested to wait for the pension of next month & based on that you may calculate your basic pension.When ever you require a quick reply please use communication box on the left side of the blog.In this case either me or my few dedicated friends will give immediate reply

      Delete
  49. Sir, I am a Central government pensioner retired from Accountant General's Office on 30-04-2004 as Senior Auditor with Scale of Pay 6500-10500. I have only 31 years and 8 months of service when I retired. My pension was fixed as Rs. 5559 but full pension was not granted. My basic pay was Rs. 8300 while retiring. Am I eligible for full pension and arrears as per the OM number 38/37/08 P&PW (A) dated 28-01-2011?

    ReplyDelete
    Replies
    1. Dear Madam,

      You have retired form AG office on 30/04/2004 in the S-12 5th CPC scale of 6500-200-10500 with a basic pay of 8300/-

      Your corresponding stage wise fitment as per 6thCPC & full parity basis is 15440+4200 = 19640.Hence basic pension for 33 years of service is 19640/2=9820.

      The linkage of 33 years of service dispensed with by 6th CPC after 20 years of service as applicable to post 2006 pensioners,When the

      full parity sanctioned to pre2006 pensioners as per court verdict you are eligible to get a basic pension of 9820/- The basic pension shown in

      OM dated 28/01/2013 is modified parity basis & not full parity basis. In this circular your eligibility is pro-rota(proportionate of 33years) of 8145.

      Hence you are requested to wait for the implementation of the court order by UOI

      With regards

      MBC

      Delete
  50. Sir,

    Will you kindly inform me about the outcome of the SLP filed by the UOI on 12 & 15 Nov 2013.

    Thanks,

    NK Daiya

    ReplyDelete
    Replies
    1. Dear Sir,
      The UOI review petition is dismissed on 12/11/2013.SLP listed for hearing on 15th is postponed to 19/11/2013.The judgement is already published in the blog please go through.You are advised to join as a member of this blog & type your email address in the space shown as follow by e-mail to get automatic updation of postings

      Delete
    2. I have pleasure to join as a member of your blog and my email ID is nkdaiya1944@gmail.com. kindly update your posting to me on regular basis.

      Thank you,

      NK Daiya

      Delete
    3. what is decision of Delhi HC on 19.11.2013 ?

      Delete
    4. Dear Mr.Shiyam SinghM,

      Please refer communication box for answer to this question

      Delete
  51. dear shri Menon,
    Anonymous Ishwarlal
    Unfortunately again he contempt proceedings are adjourned to 18.12.2013 . This is really not agood news for old aged pensioners, who are at the fag end of their lives. But nothing can be done when UOI is adamant not to follow the judgment except a hope to get justice through contempt proceedings. I hope you will agree.

    ReplyDelete
    Replies
    1. Dear Sir,
      Let us wait for some more days patiently,it is only a temporary set back & be optimistic

      Delete
  52. Dear Sir,
    It is learnt that GOI is filling Curative Petition before the Apex Court. What does it mean . Whether it is for correcting their mistake. Kindly guide me in this respec.
    Ishwarlalt

    ReplyDelete
    Replies
    1. Curative petition is allowed to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers. For this purpose the Court has devised what has been termed as a "curative" petition. In the Curative petition, the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation. This has to be certified by a senior advocate. The Curative petition is then circulated to the three senior most judges and the judges who delivered the impugned judgement, if available. No time limit is given for filing Curative petition.

      Delete
  53. As a retired pensioners,it is our sincere request to the country's highest court to render justice to these devoted employees of the General Insurance who took SVRs on 31st March 2004, to fix their pension on the revised basic of 2002 wage settlement and help them and their dependent family Jayakumar Suryanarayana, Bengaluru

    ReplyDelete
  54. It is proper on the part of supreme court to immediately give judgement in favor of GIPSA SVRS pensioners to receive their legitimate arrears of pension as per 2002 wage revision and help these senior citizens who toiled for insurance development in the country. Perhaps like their Banking partners, they should be considered for future revisions also.
    Jayakumar

    ReplyDelete
  55. sir,
    I am a pre 2006 central pensioner. Mypre- VI pay commn. pay scale was Rs.8000-13500( S- 15) and post VI PC scale is Rs.9300-34800 plus the grade pay of Rs.5400. My currently fixed pension is Rs.7950.Would you please calculate and tell me what should be my pension in the case of Govt. implementing the court orders stipulating that the the pension of pre2006 pensioners should also be 50%of the basispay plus grade pay.

    ReplyDelete
    Replies
    1. Dear Sir,
      Kindly send your full details including basic pay at the time of retirement,years of service in my E-mail address vinodvihar31@gmail.com
      on receipt of the same, I shall let you know your basic pension eligibility when court order is implemented.

      Delete
  56. sir,
    Kindly clarify if 50% pension for the pre 2006 pensioners as ordered by the CAT PB is meant only for the applicants(some scientists)as in the OA 2461/2012 or applies to all similar cases of the central pensioners?
    2.whether the CAT's order is challenged in the High court/supreme court?
    3.if so, what is the status of the case?

    ReplyDelete
  57. Dear sir,
    The case filed individually in many case against a common injustice But where ever the the compliance of the judgement to few is discriminatory, it has to be applied to all.The CAT order has been challenged in SC.Please click on to the HOME under the page you get to refer the new updates in the main page

    ReplyDelete
    Replies
    1. Dear sir,

      While referring ,as instructed by you,what is seen in the new update is "adjournment of pre2006 pensioner contempt case by CAT PB to march end"- is it the case that concerns 50% pension to pre2006 pensioners with 20 years service?- If so, I wonder how it would have been possible for the govt. to have filed appeals against the case in SC while contempt case itself is pending with CAT?please clarify

      Delete
  58. Dear Sir,
    The contempt petition in CAT PB is for modified parity case of pensioners associations.Many individual cases are pending in CAT PB, DHC & SC for grant of 50% pension after twenty years.Hence there is no hurdle for UOI in approaching SC.
    Please note that anonymous comments are not answered to with immediate effect due to legal problems.

    ReplyDelete
  59. Any labor matterparticularly which refers to their welfare should neverbe given delayed judgement as justice delayed is justice denied.When it comes to pensioner who will be solely depending on his pension-the court should have a more humanitarian consideration in quickening the judgement.
    In case of GIPSA SVRS pensioner, on the matter of giving revision pension as per wage revision of 2002 when those employees were in service-delaying more than 10 years[2004-2014] the Supre Court is yet to give its decision is something alarming that too when those aged persons are counting their days.Irequest our honourable Apex court judges to give immediate priority in giving their decision in favor of these pensioners as these pensioners has no mudch time to live to 3enjoy their revised benefits?

    ReplyDelete
  60. please clarify what are the main features/prayers in the contempt petition of pensioners assn.,concerning pre2006 pensioners now scheduled to come up before CAT PB.

    ReplyDelete
  61. in addition please specify if it interalia contains "50% pension for pre2006 pensioners too"

    ReplyDelete
    Replies
    1. Dear Sir,
      The contempt petition is for implementing judgement in OA 655/2010 which includes 50%pension for pre2006 pensioners.The judgement is already published in this blog.One of the main contention of this petition is modified parity & its arrears to pre-2006 pensioners w.e.f.01/01/2006.

      Delete
  62. sir, while thanking you for your kind prompt reply, I wanted to know if the same contempt case would benefit pre2006 pensioners with 20 years service with full pension(50% pension)as in the case of post2006 pensioners with 20 years service.Kindly clarify.

    ReplyDelete
    Replies
    1. Dear Sir,

      If the judgement OA 655/2010 is fully implemented, then all pre-2006 pensioners having 20 years or more service will get 50% pension.

      Delete
  63. sir,
    kindly accept my hearty thanks for your being so kind in taking so much care to reply to all our queries with precision.

    ReplyDelete
  64. sir,
    From the foregoing,I understand that the Delhi High court had delivered its judgement favourable to pre2006 pensioners in the OA 655/2010 which interalia includes the benefit of 50% pension to them as well at par with the post2006 pensioners and had also set the timelimit for its implementation. As such, would it not have been appropriate to file the contempt petition in Delhi HC instead of PB,CAT?

    ReplyDelete
  65. Dear Sir,
    The contempt petition is to be filed in the court of original jurisdiction.There is a lacuna in the petition OA 655/2010. The petitioners had demanded modified parity where as the court had granted full parity.This is confirmed by the DHC also.But the UOI is encashing this point in SC.

    ReplyDelete
  66. sir,
    It is a very unfortunate situation. Has the lacuna, as pointed out by you in your clarification above, been taken note of atleast now by the unions/the applicants concerned and the counters filed accordingly in the CAT/SC so that the 'full' parity rather than the modified one will be granted to the pre2006 pensioners enabling them to get inreralia their long pending due of 50% pension for those with 20 or more years of service?

    ReplyDelete
  67. Dear Sir,
    There is no reason for worry in this matter.This OA 655/2010 has withstood judicial
    scrutiny up to SC.Now when the contempt petition came up ,the UOI advocate is raising this point.But many other cases for 50% pension after 20 years service has been able to withstand judicial scrutiny up to high court & they are now in SC. Hence UOI can not plead to remove 50% pension after 20 years from the judgement in OA 655/2010

    ReplyDelete
  68. Dear sir,
    Thank you very much for your reassuring, well informed reply. You are indeed doing a great service to the pensioners' community thro' your blog.May God Almighty bless you & your family.

    ReplyDelete
  69. sir,
    You are kind enough to have clarified that the matter is before SC. I have just heard from my old friend that even the hon'ble SC have already delivered its judgement favouring pre2006 pensioners to get 50% pension and hence the govt. have filed review petition before SC. Kindly clarify please.

    ReplyDelete
  70. The supreme court has not delivered any stand alone judgement for 50% pension so far. It has only concurred the judgement of CAT PB & DHC.in OA 655/2010 which contains the provision for 50% pension.Other stand alone petitions for 50% pension are still to reach SC.But UOI has filed 3 SLP in SC against the judgement passed by various high courts allowing 50% pension.You can click on to the status of cases pending in various courts given in the bottom of this blog

    ReplyDelete
  71. sir,
    From all your detailed presentation as above, I tend to infer that while the contempt petition that understandably includes the provision for 50% pension for pre2006 pensioners, comes up before CAT later this month, the Govt. may take refuge in submitting that their SLPs against the issue are already filed in SC in view of which the contempt charges should be dropped! could you clarify to what extent my inference holds good?

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  72. The GOI wants to stall the 50%pension after 20years to pre2006 pensioners portion of the judgement in OA655/2010.That is what UOI intents to do by the filing of 3 slp in SC. UOI is very adamant hence we can not expect any leniency from UOI.
    Dear Sir,
    Please come to the communication column so that you may get view of many experts.This column is very limited & likely to expend soon.

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  73. Now the contempt case reg. pre2006 pensioners stands further adjourned to 3rd april.Any authentic information on whether the UOI counsel defended the govt action in not granting 50% pension to pre2006 pensioners citing their latest filings of SLPs in the SC or any other substantial new submissions thereof?

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  74. Dear Sir,
    The contempt case is defended as a whole not in part,if it is defended partly, it will give an impression that the non-defended part is defective.As I told you earlier the 50% pension on completion 20 years is a part of judgement in OA 655/2010 for which contempt petition is filed.Hectic arguments where made for the very essence of judgement & against it by respondents.It will continue on 03/04/2014 which likely to be the final argument ,if nothing happens to the contrary

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  75. Sir, We Ex Servicemen of Army Postal Service Corps since so many years complaining for Ex servicemen Identity card but District Soldier Board Gujarat Ahmadabad is not issuing Identity Cards to all Ex Army Postal Service personnel since so many years. We all have done more then 15 years service in Army.

    We all Ex Army Postal Service personnel not demanding pension but only demanding Identity cards. Our one person Ex Warrant Officer V M Raval already win the case in CAT New Delhi in the year 2009. Therefore he has been issued with Identity Card. He is alive today at the age of 90 approximately. My Army No is 8371614-H Ex Warrant Officer J D Patel. Please help us.

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  76. Dear Sir,
    As per the latest definition of Ex-servicemen vide No. '36034/3/2013-Estt.(Res.)
    Government of India Ministry of Personnel, Public Grievances and Pensions
    Department of Personnel and Training dated 25/02/2014,Ex-servicemen status is given to only
    iii)personnel of Army Postal Service who are part of Regular Army and retired from
    the Army Postal Service without reversion to their parent service with pension,
    or are released from the Army Postal service on medical grounds attributable to
    or aggravated by military service or circumstances beyond their control and
    awarded medical or other disability pension;
    Or
    (iv)Personnel, who were on deputation in Army Postal Service for more than six
    months prior to 14thApril, 1987;
    or else you can get it only through court order only

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  77. On 20th February 2014,SC has reserved its decision of GIPSA SVRS employees arrears and revision of pension as per 2002 august wage settlement basis.It is already getting two months delayed. Will SC kindly pronounce its judgement and help these devoted GIC pillars and help them in their fag end of their life on humanitarian grounds and oblige?
    S.Jayakumar,Bengaluru

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  78. I AM AN EX SHORT SERVICE COMMISSIONED OFFICER OF ARMY MEDICAL CORPS RELEASED FROM ARMY AFTER 5 YR SERVICE IN JULY 1999 IN LOW MEDICAL CAT AND WAS SANCTIONED DISABILITY PENSION @ 30% IN 2005 FOR DISEASE ACQUIRED AND ATTRIBUTABLE TO MILITARY SERVICE. NOW WHAT SHOULD BE MY TOTAL DISABILITY PENSION INCLUDING DISABILITY ELEMENT AND SERVICE ELEMENT AND HOW MUCH IT WILL BE AFTER OROP

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  79. Dear Mr.Mittal,
    Few data is required to calculate your disability pension such as last rank held,last basic pay drawn,scale of pay, basic disability pension granted at the time of discharge,

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  80. It is still heartening to note tha Supreme Court is still to give a decision and let us hope that it will give a favorable decisions. early the better

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