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ALL CENTRAL GOVT EMPLOYEES & PENSIONERS ARE LIKELY TO GET 7% MORE DA W.E.F.01/07/2014. SUPREME COURT DISMISSED CURATIVE PETITION FILED BY UOI IN PRE-2006 PENSIONERS CASE.CAT PB DIRECTS UOI TO IMPLEMENT JUDGEMENT IN PRE-2006 PENSIONERS CASE OA655/2010 WITH IN 3 MONTHS.



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Monday, 29 July 2013

UOI SLP AGAINST PRE2006 PENSIONERS DISMISSED BY SUPREME COURT

The supreme court has dismissed the SLP (civil) 23055/2013 filed by union of India against Delhi high court judgement in pre-2006 pensioners case in WP 1535/2012 upholding the CAT PB judgement & Delhi high court judgement.The above SLP came up for hearing on 29/07/2013 & the apex court dismissed the SLP on the same day.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.

                       JUDGEMENT

     UPON hearing counsel the Court made the following 
                                        O R D E R
  We are not inclined to interfere with
the order  passed  bythe High  Court. 
Consequently, the special leave petitions
are dismissed.  However, the petitioners 
are at liberty to raise all points before 
the Tribunal as and when the appeal, 
including the contempt petition is
preferred.


84 comments :

  1. I was going thru' the order /office note in respect of SLP 23055 / 13280.They seem to relate to Judgement given by Punjab and Haryana HC.
    Nowhere there is any reference to Delhi HC WP No.1535/2012.
    Did UOI fail to file an appeal against judgement in WP No. 1535/2012
    Please advice.
    Imayan

    ReplyDelete
    Replies
    1. SUPREME COURT OF INDIA
      Case Status Status : DISPOSED

      Status of : Special Leave Petition (Civil) 23055 OF 2013

      U.O.I & ANR .Vs. CENTRAL GOVT. SAG PEN. ASS. & ANR


      Pet. Adv. : MR. B.V. BALARAM DAS Res. Adv. : CAVEATOR-IN-PERSON


      Subject Category : SERVICE MATTERS - RETIRAL BENEFITS


      Date of Disposal : 29/07/2013

      Last updated on Jul 31 2013

      Delete
  2. The SLP 23055/2013 was against Delhi High court judgement & SLP 13280/2013 was against Chandigarh high court judgement.Both were considered simultaneously & dismissed.The above reply is copied from supreme court portal.A any doubt now

    ReplyDelete
  3. Their is no doubt.Supreme court is the highest court of INDIA.Their ruling is final and must be obeyed by UOI.Hope implement order will come soon to benefit the pre-2006 pensioner.

    ReplyDelete
    Replies
    1. The GOI is not going to grant the benefit of this judgement soon.They will fight again a separate battle before they concedes.

      Delete
  4. Sir, Does Delhi High Court and Apex Court judgements dated 29.04.2013 & 29.07.2013 respectively defines that rectification of pension anomaly to pre 2006 defence pensioners is applicable from 01.01.2006 instead of 24.09.2012.

    ReplyDelete
    Replies
    1. This verdict & its application is for central govt employees.Full pension(50% of basic) after twenty years of service has been granted to post-2006 retirees.Wth this judgement pre 2006 central govt pensioners also will be entitled to get full pension after 20 years of service w.e.f.29/08/2008.This is as per cabinet resolution SL.NO.3 with regards to 6th CPC.Nothing is mentioned about PBOR in cabinet resolution.Hence we are at the mercy of MOD.All PBOR post2006 pensioners have benn granted full pension after 15 years of service by MOD.As per the convention once this judgement is implimented for central govt pensioners , MOD will be compelled to grant us also full pension at least with prospective effect.This benefit may also be granted to us in the form of OROP with the above benefit.

      Delete
  5. Dear Mr. MBC, GOI issued OM dated 28.1.2013 revising pension w.e.f. 24.9.2012 without approval of the Cabinet and even before HC's verdict dated 29.4.2013. Is there any necessity for GOI to take approval of the Cabinet again to implement their resolution dated 29.8.2008 for giving benefit of revised pension w.e.f. 1.1.2006 and also giving benefit of full pension on completion of 20 years of service to pre-2006 pensioners as per HC's verdict which is now approved by SC also.

    ReplyDelete
    Replies
    1. Since this is implementation of cabinet decision through court order & the court did not add any extra benefit to cabinet recommendation,again a second cabinet approval is not necessary.The ministry of finance can take a decision & implement the court order

      Delete
  6. SIR PLEASE CLARIFY THAT THIS ORDER ISSUED BY SUPRECOURT WILL COVER THE

    FAMILY PENSIONERS ALSO WHOSE SPOUSE WORKED IN LIC BEFORE 1.1.2006.

    JOHN

    ReplyDelete
  7. Please ask questions relevant to postings.All other questions can be asked through communication box.Please see communication box provided in the left side of blog for answer.

    ReplyDelete
  8. i am retired as a LDC (Pt) from Chief Engineer Jalandhar Zone, Jalandhar Cantt as a civilian clk (MES) now i my basic pension is rs 3500/- pl confirm that i am entitled revised pension as per SC order.
    Thanking you.
    Your truly
    Krishan Chander

    ReplyDelete
  9. Please use column only for making comments.Raise your query through communication box provided on left side of this blog giving your scale in which you have retired,your basic pay on retirement,present basic pension,length of service & year of retirement.

    ReplyDelete
  10. Sir,
    I am retired as a lDC from Chief Engineer Jalandhar Zone, Jalandhar Cantt a s a civilian clk(MES) in the Year 1994, at the time of retirement my basic pay Rs 1275/- plus allowances I have complet 20 yrs services and retired in 31Dec 1994 as a voluntery retirement and now my basic pension Rs 3500/- pl confirm that i am entitled revised pension as per SC order.
    Thanking you

    ReplyDelete
    Replies
    1. Dear Sir,
      You are entitled to benefits as PER CAT-PB & DHC judgements

      Delete
  11. In view of Supreme Court judgment dismissing the SLP of CG. All the pensioners who have completed 20 years of service will be entitled to 5o% of the pay band plus grade pay , what about those pensioners whose service is less than 20 years? Will they be entitled on prorate basis calculated on the basis of 20 years.? The words used are in no case it will be less than 50% of the basic pension. Pl. clarify

    ReplyDelete
    Replies
    1. Dear Sir,

      Those who are having less than 20 years of qualifying service, pension will be calculated proportionately with respect to 20 years.Hence the circular dated 24/09/2012 for mere enhancement of pension which do not include this provision is in valid now.Majority of the pensioners are of the view that the above circular should be implemented w.e.f. 01/01/2006.This is wrong perception.The above circular do not contain the various benefits bestowed on us by the judgement

      Delete
  12. Dear Sir, please clarify whether pension enhancement arrears to pre 2006 central govt pensioners would now be applicable from 01.01.2006 instead of 24.09.2012 in view of recent delhi high court as well as apex court judgements. thanks

    ReplyDelete
    Replies
    1. Dear Sir,

      Majority of the pensioners are of the view that the circular dated 24/09/2012 should be implemented w.e.f. 01/01/2006.This is wrong perception.The above circular do not contain the various benefits bestowed on us by the judgement.GOI has to issue new circular incorporating all the benefits bestowed on us by the judgement.Please refer the
      above query

      Delete
  13. Dear Sir, There is one doubt. Even High Court in its judgement stated that the GOI accepted their mistake by issuing the OM dated 28.1.2013 and the only question under consideration now is to implement this order retrospectively i.e. from 1.1.2006 instead of from 24.9.2012, which the Court agreed without clarifying further for giving other benefits like full pension on completion of 20 years of service. Will you please clarify?

    ReplyDelete
    Replies
    1. Majority of the pensioners are of the view that the circular dated 24/09/2012 should be implemented w.e.f. 01/01/2006.This is wrong perception.The above circular do not contain the various benefits bestowed on us by the judgement.GOI has to issue new circular incorporating all the benefits bestowed on us by the judgement.The judgement says cabinet resolution dated 29/08/2008 accepting the recommendation of 6thCPC should be implemented w.e.f.01/01/2006 as stated in the said resolution.The said resolution also states that full pension(50%)should be given to those who have completed minimum 20 years of service from the date of publication of this resolution & the date of publication is incidentally 29/08/2008.

      Delete
  14. Dear Sir, Now it is quite clear that benefits of pension enhancement to pre 2006 pensioners as outlined on govt letter dt 28.01.2003 are to made applicable from 01.01.2006 instead of 24.09.2012.

    ReplyDelete
  15. sir
    how much more time wil govt take for allowing arrears to pre 2006 pensioners.

    ReplyDelete
  16. Dear Mr. Ydav,
    Please use column only for making comments.Raise your query through communication box provided on left side of this blog giving.Answer will be given through cbox

    ReplyDelete
  17. The discussion during study of this blog is very old kindly come up withlatest update as regards to the related judgement given by HSC and other burning issues .Let us feel that you updating us and not repeating one and one thing only

    ReplyDelete
    Replies
    1. Dear Mr Agarwal
      I share your curiosity to know updated developments. But I give more importance to reliability of the news published in the post.As and when some developments takes place which is reliable,no time will be lost to publish it

      Delete
  18. What are the options for GOI in view of the dismissal of their SLP? Normally GOI will not accept to pay arrears as the Audit may object

    ReplyDelete
    Replies
    1. A contempt petition has already been filed, in CAT PB to force the GOI to comply with the judgement, which is coming up for hearing on 25/09/2013.Your doubt regarding the payment of arrears is not out of place & the GOI is said to have been seeking legal opinion for filing another SLP in SC stating financial difficulty.

      Delete
  19. In reply to the Lok Sabha on 7.8.2013 to Unstarred Question No. 670 asking the reasons for inordinate delay in implementation of HC's order (as approved by SC also) from the PM of India, MOS in PM's office simply gave a brief summary of facts from CAT's decision to the dismissal of SLP by SC, already known to us, without giving any reply to the question asked.

    ReplyDelete
    Replies
    1. I came across this news& some other disappointing news from the ministry of finance.Please read the new post regarding the developments

      Delete
  20. Thank you for your prompt reply and clarification. Yes. You are correct and as I belong to S 29 pay scale, we were worst affected. Hence our arrears is also substantial with the revised pension and hence I am interested more. Regards.

    ReplyDelete
  21. Yes. Mr. Vidya Bhushan. Question pertains for (a) inordinate delay in implementation of Hon'ble High Court's order to give effect to the payment of arrears w.e.f. 01.01.2006 to pensioners retired before 2006, (b) whether the Government have received representations from employees organizations and other bodies in this regard and (c) if so, the details thereof and the reaction of the Government on the representations?

    But the answer never pertains to the above questions in any way and gives only the position. This clearly indicates that GOI is not interested in solving the problem. Most of the pre 2006 retires are around the age of 70 today.

    ReplyDelete
  22. Let us wait for Contempt petition in CAT listed for 25th September 2013, only then status of implementation will be known because GOI has invested Rs.143000 crores in latest Food bill to protect and maintain their Kursi, they are least bothered for the lurking danager in economy as visible in Rupee slide and other important national isues.


    KDD

    ReplyDelete
  23. Sir,
    It has come to my knowledge that the arrears of payment calculated on the basis of OM allowing arrears from 24.9.2012 calculating the pension on the basis of 50%counting 33 years of service of pre 2006 retirees and not on the basis of 20 years service as recommended by 6th CPC.. Is it not violating the judgment of Delhi High Court allowing the implementation the judgment of PB CAT , New Delhi in OA 0655/2010. Advise the correct position
    Annonymous

    ReplyDelete
  24. Dear Sir,
    Yes GOI is not complying with the judgement that it self is violation of court direction

    ReplyDelete
  25. hello sir i am just asking on my father behalf..i heard that SU has dismissed the SLP by UOI..so my ques is will the pre 2006 pensioners will get there arrears from 2006 or not..nd if yes how much more time will govt take to sanction it.
    waiting for ur rply..rply soon..

    ReplyDelete
    Replies
    1. Dear Sir.
      The GOI has not implemented the direction of the court & a contempt has been petition filed in the court. Hence we have to wait for the out come of judicial proceedings which is likely to take some time

      Delete
  26. Dear Friends
    How much time will govt take to
    respond on it

    ReplyDelete
    Replies
    1. Dear Sir.
      The GOI has not implemented the direction of the court & a contempt has been petition filed in the CAT PB which is coming up for hearing on 25/09/2013. Hence we have to wait for the out come of judicial proceedings which is likely to take some time & we can not predict now how long it will take

      Delete
  27. I am Ex-Sergeant retired on 30.09.2000 after 20 years of service. Will Supreme Court decision will beneficial to ex-servicemen also?

    ReplyDelete
    Replies
    1. Dear Sir,

      Once CAT PB & DHC judgement is implemented Ex-servicemen also will be benefited by full pension instead of pro rata
      (proportionate) pension

      Delete
  28. MOS in PM's office on 20.7.2013 in 34th Annual Conference of All India Federation of Pensioners' Associations at Chennai assured that Pensioners' grievances will receive attention within 15 days and that the delinquent departments/officers will be suitably taken up.He further informed that issue of 50% DR merger, 7th CPC and increase in FMA were under active consideration.

    ReplyDelete
  29. As delay in implementation of CAT Delhi/DHC/SC's verdict in respect of pre-2006 pensioners is also one of the grievances of these pensioners, may also receive attention of PM's office in view of above statement of MOS.

    ReplyDelete
  30. I retired as ITO on 31-12-2005 in the pre-revised scale of 7500-12000.CBDT issued circular dated 31-12-2009 in which it was clarified that ITOs having four year regular service on or before 1.1.2006 effective from 1.1.2006 are entitled to amended pay scale 8000-13500 (after four years)corresponding to Pay band and grade Pay 9300-34800+grade pay 5400/- PB-2 instead of 4800/-. The circular was issued after 1.1.2006 and old pension should have been revised on this date by treating the undersigned , had I been in service as on 1.1.2006 for the purpose of re-fixation of pension automatically by the ZAO which has not revised so for. This factor stand decided by the Supreme Court of India in the case DS Nakra and others vs UOI in the earlier judgement dated 17/12/82 and has not been over ruled as to my knowledge. It is not clarified from which date scale of 8000-13500 is applicable where as scale of 7500-12000 was applicable from 21-4-2004 amended scale 8000-13500 has been replaced with 9300-34800 with grade Pay 5400/- Plese guide Ashok Kumar Bajaj.

    ReplyDelete
  31. Dear Sir,

    A similar case was reported to me by another pensioner wherein
    pre-revised 5th CPC pay scale 6500 (S12) was merged with pre-revised 5th CPC pay scale 7450(S13) vide M.F O.M No1/1/2008/IC dated 13.11.09, enabling him to draw basic 13860+ gradepay 4600=18460 inthe revised scale (PB2) in 6th CPC.On my advice he took up the case with his pension accounts office but they have expressed their inability to fix the pension in the above manner.Since your case is also a pre2006 scale merger case, you also have to wait for the out come of the pensioners case which is waiting for judicial remedy

    ReplyDelete
  32. In the case of Army personnel, the pension benefit in the next higher scale is given, provided the employee reaches the maximum in the scale of pay, at the time of retirement. I was told by a retired Army officer. If that so, why such benefits are not given to other pensioners? Is it not against the constitution, as all are to be treated equally. Can you please elaborate on this? Thanking you.

    ReplyDelete
  33. Ishwarlal
    Dear Sir,
    Our endeavour should be to get the judgments implemented so that regular payments of pension should be on revised rates i.e. 50% pension on the qualified service of 20 years at the minimum of pay band plus grade pay. Arrears can be paid subsequently in instalments.

    ReplyDelete
  34. Dear Sir,
    Tomorrow is the date of hearing of contempt petition. We may argue emphatically to get the decision of the Hon. CAT supported by other judgments including the Hon. Supreme Court of India implemented without any further delay. I feel GOI has not filed any other SLP in this regard.

    ReplyDelete
  35. Dear Sir,
    Letter issued by the CG to pay arrears from 24.9.2012 does not comply the orders of the PB CAT, New Delhi on two grounds (I) The Fitment table has not calculated the minimum amount of pension should not be less than 50% in any case. (ii) Otherwise also it has not taken into account considering 20 years qualified service. This has created ambiguity in the minds of old pensioners. Pl. clarify what should be the correct position.
    I.R .AMAR

    ReplyDelete
  36. Dear Sir,
    You are cent percent correct,But many of our pre 2006 pensioners are still making hue & cry for implementation of the same circular w.e.f. 01/01/2006 with out studying the contents of this circular.In this regard you may read my post IMPLICATION OF DELHI HIGH COURT JUDGEMENT.I am going to publisha new post in this regard.

    ReplyDelete
  37. A fresh speaking order in super-session of their previous order dated 28.1.2013 is required to be issued by GOI in consonance with Resolution dated 29.8.2008 making it clear that pension payable to pre-2006 pensioners w.e.f. 1.1.2006 should not be less than in any case from the minimum pension shown in the concordance table if the pensioner has completed 20 years of qualifying service.

    ReplyDelete
  38. sir, I retired in pre revised pay scale of Rs. 8000-13500 drawing last basic pay Rs 11575. I had already completed more than 33 years service.My basic pension was fixed Rs 5719/- (based on 10 months average)It was further revised to RsRs 8579 wef.1.4.2004.My pension was revised to Rs 12926/- wef.1.1.2006.as per pension table prepared by the GIO.This less than 50%.As per my calculation it should be Rs.134654/- worked out as under-
    calculation
    old pay scale 8000-13500 revised pay band and grade pay 15600-
    39100+grade pay 5400
    stage at which retired 11575/- corresponding stage in pay band 21530+
    GP5400/-=26930divided by 2=Rs 13465/-
    My revised pension should be fixed Rs 13465/-
    kindly let me know exact posion in the light of hon. courts/cat judgments.

    ReplyDelete
    Replies
    1. Dear Sir,
      Your calculation is correct as per the judgement. Kindly read the latest post
      in this regard.

      Delete
  39. sir, what is the meaning of minimum in pay band corresponding to at which govt. servant retired. I mean it is it revised corresponding pay in pay band and grade pay. kindly conform or let me know if it it is minimum of pay band.

    ReplyDelete
  40. sir,

    please confirm that the retired defence civilian pensioner how retirted in the year 1994,every body take it the revised pension as per supreme court order in this year or next year.pl confirm and oblige
    krishan sharma

    ReplyDelete
  41. Dear Mr.Krishan Chand,
    Since the matter is still in the court I am not in a position to tell you the exact time limit with in which the judgement will be implemented.But i can assure you that you will get full parity as given to post 2006 pensioners.

    ReplyDelete
  42. Dear Sir,
    What I feel that there is no sufficient publicity through media to our so many cases decided for modified parity in case of pre 2006 pensioners, inspite of this, GOI is not implementing the decisions of higher judiciary also and tries to avoid the same on one or other pretext. There are such reasons why the cases in the courts are piling up. Also this is conflicting with the views expressed by the Law Minister not go in continuous appeals again and again against the court decisions. So, we should approach the Nationalised Papers to give vide publicity to our case . I hope you will agree to my proposal.
    I.R.AMAR

    ReplyDelete
  43. Not only the pay revised and other benefits, UOI has different criteria for the different pay scales for the same cadre people working in different departments. The section officer of Defence accounts(DAD) is in lesser scale than the central secretariate or CSIr or other departments.My father has retired in 2004 as an accounts officer from DAD but his pay scale was much less than section officers. Although he has joined DAD with graduation as auditor and passed SAS part I &II for getting the promotion to section officer. worked for so many years as section officer then promoted to assistant account officer (newly inducted post) and further as accounts officer. I am really surprised that people who are working as section officer in different departments gets better pay scales. I dont know why the government is not looking into this matter. They are also human beings and worked for Government of India.

    ReplyDelete
  44. It is really pathetic that when the matter comes for increase of MP's salary, it is passed in half an hour time with thumping majority but for people who work for years together has to wait for years to get their due.

    ReplyDelete
  45. Dear Menon,
    The contempt application is listed for 15.01.2013. Our advocate should argue on the point that no stay has been granted by the Hon'ble Supreme Court , so the PB CAT may be requested to start proceedings without any further delay. .Do you agree.
    Ishwarlal

    ReplyDelete
  46. Dear Menon,
    Contempt proceedings have again been adjourned to 12.02.2014 and SLPs in the cases on modified parity are listed on 4.2.2014. Until and unless the decision in these SLPs is not announced the old aged pensioners are not going to get their legitimate dues even though it has been allowed by the Apex Court of the country, 6 CPC and approved by the cabinet with clear words that minimum pension in NO CASE SHOULD BE LESS THAN 50% OF THE PAY BAND PLUS GRADE PAY. nO WHERE IT IS STATED THAT QUALIFYING SERVICE IS REQUIRED TO BE CONSIDERED. NOW THE JUDGEMENT SHOULD BE WITHOUT ANY AMBIGUITY , SO THAT IT CAN NOT BE MOULDED AS PER DESIRE OF THE BABUS. DO YOU AGREE?
    Ishwarlal

    ReplyDelete
  47. WHY IS THERE SO MUCH UNDUE DLAY

    ReplyDelete
  48. Dear Sir,
    Contempt petition is listed for 12.2.2014. But the hearing in 3SLPs has been adjourned to 22.4.2014. Since no stay is granted in those 3 SLPs, our arguments with the tribunal should be to take further action in the matter without further delay. Until and unless these Babus are not set right we are not going to get justice so early and poor old aged pensioners at the fag end of their life are the suferrers though judgements in 41 cases are in favour of the pensioners. Do you agree?
    Ishwarlal

    ReplyDelete
    Replies
    1. Dear Sir,
      I share your views on the subject

      Delete
    2. M.RAVI SHANAKR - ADVOCATE - HIGH COURT - MADURAI BENCH

      When the Honurable Supreme court dismissed theSLP (civil) 23055/2013 filed by union of India against Delhi high court judgement then the the order of DELHI high court holds good for implementation and execution purpose. The Government has no other choice but to comply with the order of Delhi High Court. Even the The Delhi High court has given conditional period for implementing the order and in
      the event of failur on the part of Govet. they are topay interest @9%. however the Ex- Servicemen assn and other Central Government Assn. must jump into agitation and threat that they will boycott the forth coming election along with their family members. Becuase the Government will give milk to the crying child. This aspect can be taken to Mr. Rahul who recently supported the Ex-Servicemen's problem. He admitted that the Ex-servicemen sacrificed their life for the Nation. Above all other political leaders must be approached with out political colour. I am sure the Governemnt can not postpone the issue and deny the fruit given by the Court. Any government which is not supporting the just cause of the Government employee will have to fall and face problems.

      Jai Hind,
      M.RAVI SHANKAR- Advocate
      098430 65011
      MADURAI

      Delete
  49. Dear Shri Menon,
    Tomorrow our case for contempt is listed. The contempt is for not implementing the judgement of PB CAT New Delhi supported by the High Court Delhi. Supreme Court had decided not to intervene. Inspite of this, the Govt. had gone in appeal in the guise of 3 SLPs. But the Hon'ble Apex Court has not granted stay for implementation of the judgements . But very cleverly issued orders to implement the judgement w.e.f 24.9.2012 that too half heartedly i.e. calculated the pension on 33 yrs. qualified service instead of 20 yrs. which is clearly violation of the judgements. Our arguments should be pension may be calculated according to these judgements w.e.f 1.1.2006. Now the dharna organised by pensioners association should be given wide publicity to the extent that the Govt. may be compelled to issue orders accordingly. I hope our advocate will argue in this direction.
    Ishwarlal

    ReplyDelete
  50. Dear Mr.MBC, what will be impact of govt's decision of one rank one pension for defence pensioners on general pre-2006 pensioners for full pension on 20 yrs of service?

    ReplyDelete
    Replies
    1. Dear Sir,
      If my assumption is correct,we may get a slightly modified OROP than the previous OROP but not full OROP.

      With regards
      MBC

      Delete
  51. Dear Menon,
    Again the contempt proceedings have been adjourned to 5.3.2014 not allowing long adjournment. Such type of repeated adjournments has resulted in long adjournments. Can we expect the decision of PB CAT New Delhi this time on 5.3.2014. What do you think?.
    I.R.Amar

    ReplyDelete
    Replies
    1. Dear Sir,
      Dear Sir,
      The doctor is not as anxious as the patient.There are chances to prolong this if contempt petition till supreme court delivers judgement in 3 SLP filed by UOI.However this is a possibility & let us be optimistic.

      Delete
  52. Dear Shri Menon,
    Again the contempt proceedings have been adjourned to 26.3.2014 for filing counter affidavit. If I am not mistaken such request was earlier refused by the PB CAT, New Delhi. It is not understood how it has been adjourned on this ground. It is open fact that the poor old pensioners already decided case is not heard sympathetically. The Tribunal is killing time till the judgement of Supreme Court in 3 SLPs and I think even on 26.3.2014 some thing else will come up and case will be adjourned. There is no other alternate except to wait the outcome of those 3 SLPs. Do you agree?
    I.R.AMAR

    ReplyDelete
  53. There is no alternative for pre pensioners,expect to approach Constitutional Bench of Supreme coourt under P.I.L PETITION SINCE ALREADY SEVERAL JUDGEMENTS WERE IN FAVOUR OF PENSIONERS,AND ALSO the 6th pay commission notified in gazette and dept. of finance delibrately violated acceptance of Cabinet decsession
    As per acceptance of 1.86 formula to all pensioners irrespective of 6ht pc.are entitle in formula, there should not be number of cases in this matter,when formula of resolution is notified in gazette by union govt.

    ReplyDelete
  54. I greatly appreciate your detailed letter and blog dedicating your portal for CG Pensioners

    In the statutory corporation I served till feb.1993, they follow Central Govt.rules when in doubt. In April 2010 they revised pension and provided only 20 yrs qualifying service and also fraction of 6 months be taken to one year from that date. For pre-2010 it was 33 yrs. qualifying service. From which date they are to follow 20 yrs for pre-2010 retirees, taking into account the present Govt. decision on this issue. Pl enlighten.

    ReplyDelete
  55. Dea Shri Menon,
    I am again talking about contempt petition filed by pensioners Association before CAT New Delhi, which has been again adjourned to 30.4.2014 on the ground that Govt. Advocate was not present. Is it not a wilful absentation to get adjournment and wait till the decision of Supreme Court in 3 SLPs listed on 22.4.2014. The poor old age pensioners are in dilemma whether they will get their pension revised as per the recommendation of 6CPC accepted by the cabinet but haws taken turn due to clarification issued by the Babus without even getting approval of the Cabinet. Do you agree that in this case Babus have remained more powerful in getting the decision of cabinet implemented as per their own interpretation.It is a tragic situation that the decision of various courts in favour of the old age pensioners is not yet implemented.
    Ishwarlal

    ReplyDelete
  56. Dear Sir,
    I fully agree with your views on the subject

    ReplyDelete
  57. Dear Shri Menon,
    Tomorrow is the date of hearing of 3 SLPs file by GOI before the Apex Court. Let us pray to God to extend his helping hand to get justice for poor pensioners which has been awarded by various courts of the country including Apex court two times earlier by dismissing the SLP 23055/2012 and Review petition.
    Ishwarlal

    ReplyDelete
  58. Dear sir,
    Now curative petition filed by UOI is also dismissed. I feel all he hurdles have been crossed.UOI should immediately issue orders so as to the judgement of PB CAT is implemented without any ambiguity I.. Fom .e. pension of pre 2006 pensioners should in no case be less than 50%.ob minimum of the pay band plus grade pay. In such a situation, there is no condition of qualifying service. All exiting pre 2006 pensioners are entitled to 50% of minimum of the pay band plus grade pay together. Do you agree?
    Ishwarlal

    ReplyDelete
  59. Dear Sir,
    I fully agree with views expressed by you

    ReplyDelete
  60. Dear sir,
    At the time of superannuation while calculating the pension of pre 2006 pensioners, the pension is calculated considering the average pay of last 10 months . Pro rata reduction is in pension is made if the qualifying service is less than 33 years. Therefore, considering this factor, the 6 CPC had recommended that minimum pension should not be in any case should not be less than 50%of pay band plus grade pay from which pensioner had retired. Further decrease on pro-rata basis is misrepresentation of facts and clear injustice to the pre 2006 pensioners violation of the accepted recommendation of the 6CPC and the judgements of various courts. So the letter dated 28.1.2013 should be amended and minimum pension may be sanctioned according to the fitment table enclosed with the resolution passed by the cabinet without any further ambiguity. Govt. has not yet issued the orders amending the above letter for implementation of the judgements of the various courts based on the recommendations of the 6 CPC and resolution of the Cabinet. Otherwise we may again file contempt petition after the period of 3 months is over. i.e. after 15.8.2014.I hope you will agree to my above views.
    Ishwarlal.

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  61. Dear Sir,
    The circular says that the revised pension shall not be less than 50% of the minimum of the pay in the pay band in the revised scale.It should not be misunderstood that everybody will get only minimum as per above. After the revision if your pension is less than the minimum as per above, it should be brought to the minimum otherwise will go on increasing as per your basic with respect to fitment table.

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  62. Dear Sir,
    I meant that in no case the minimum pension of pre 2006 pensioners should be fixed less than 50% of pay band and grade pay. It is unconditional but Govt. vide para 5 of its letter dated 28.1.2013 invoked the condition of 33 years service and pro-rata reduction is unjustified and violation of recommendations of 6CPC, Resolution of Cabinet and judgement of PB CAT New Delhi which has been upheld by Delhi High Court and the Apex Court.. If the court judgements are to be implemented then the delay attracts 9% interest in view of Cat and High Court judgements.But babus again twist the matter and have invokesd un warranted conditions. For the rest it is true as you have mentioned above.
    Ishwarlal

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