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  • Tuesday, 27 August 2013

    ANOTHER SET OF PETITION BY PRE-2006 PENSIONERS REFERRED BACK TO CAT PB BY DELHI HIGH COURT



                   IN THE HIGH COURT OF DELHI  
     W.P.(C) 4572/2012  ALL  INDIA  S-30 PESIONERS ASSOCN( Petitioners) V/s  UNION OF INDIA  &
    W.P.(C) 7342/2012 CENTRAL GOVT. PENSIONERS ASSOCN ( Petitioners) V/s UNION OF INDIA
    CORAM:
    HON’BLE MR. JUSTICE PRADEEP NANDRAJOG
    HON'BLE MR. JUSTICE V. KAMESWAR RAO   
                            O R D E R (brief)
    19.08.2013
    .Keeping in view the aforesaid facts, none of which are disputed by learned counsel for the respondents, with consent of learned counsel for the parties we set aside the impugned decision(s) dated March 06, 2012 and simultaneously we restore OANo.937/2010 and OANo.2101/2010 for fresh adjudication on merits by the tribunal n the claim of the petitioners for full parity. The decision shall be rendered after giving full opportunity of hearing to the petitioners and the decision dated November 01, 011 passed by the Tribunal in the case of S-29 scale retirees shall not be treated as binding upon it by the Tribunal for the reasons on the subject of full party, the said decision was pronounced notwithstanding said retirees giving up the claim for full parity. . The matter would be decided in remand as early as possible and preferably within three months from today. 10. Parties shall appear through their counsel before the Registrar of the Tribunal in the two original applications on September 09, 2013 on which date OA No.937/2010 and OA No.2101/2010 shall be listed before the Registrar. 
    The writ petitions stand disposed of. 

     No costs.                     
                                           
     PRADEEP NANDRAJOG, J.       V. KAMESWAR RAO, J.

     AUGUST 19, 2013


    5 comments :



    1. It was heard on 09/09/2013 & next date of hearing is 25/09/2013

      ReplyDelete
    2. 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
    3. Dear Mr. Subra,
      Every ministry & every department has its own departmental promotion policy.In India we have no common promotional policy for all the departments.It is also not feasible.Promotional policy is the prerogative of the particular department.The court can not interfere in it if there is no discrimination made between the employ of that particular department.I am an employee who has been destined to retire from the same post I was appointed besides having higher educational & professional qualification with good work record & appreciation.Hence you can neither compel your department to implement the promotion policy of another department nor call it unconstitutional.The only way to compel your department to implement the same is through collective bargaining by trade unions/ associations.

      ReplyDelete
    4. Thank you. I want whether it is correct.

      ReplyDelete
    5. Dear Shri Menon,
      Now since all the hurdles put up by the GOI have been crossed including dismissal of curative petition of GOI , also in contempt proceedings the Govt. Counsel has announced that law ministry has advised the GOI to implement the judgement no other remedy is available to GOI but to implement the judgement for which maximum time allowed is 3 months . GOI had already accepted the judgement vide their letter dated 28.1.2014, with the payment of arrears from 24.9.2012 and calculated the 50% pension on qualifying service of 33 years which condition was neither in the recommendations of 6CPC nor in the resolution of cabinet. So para 5 of the above letter i.e. condition of pro-rata is required to be removed and 50% pension on the minimum of pay band plus grade pay is payable, which is the minimum pension for pre 2006 pensioners . There can not be any condition for the minimum pension. Do you agree?
      I.R.Amar

      ReplyDelete