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  • Wednesday, 25 December 2013

    PRE-2006 PENSIONERS CASE A REVIEW




    The UOI  filed  appeal WP(c) 1535/2012in DHC against judgement by CAT PB in modified parity case of pre-2006 pensioners  in OA 655/2010.This appeal was heard  by DHC along with three other appeal  WP(C) 2348-50/2012   filed by UOI  against CAT judgement conferring full parity to pre-2006 pensioners. The judgements in above four cases were delivered together dismissing all the four appeals & conferred full parity in all the cases. 

    The UOI preferred an SLP 23055/2013 in SC against the dismissal of its appeal WP(c) 1535/2012 by DHC & did not file appeal in SC in respect of other three cases (WP(C) 2348-50/2012)  & the SC dismissed the SLP 23055/2013. The UOI again made a last attempt by filing a review petition RP(C) 2492/2013 in SC against the dismissal of SLP 3055/2012.

    The review petition also stands dismissed. The UOI has now left with no ammunition in their gun to fire against judgement in OA 655/2010 by CAT PB. Hence this judgement has been able to withstand the entire judicial scrutiny available in the country. Now it is awaiting a judicial contempt & administrative remedy.

    The UOI has again  up on their foot with another 3 SLP’S  SLP(C) CC18339-41/2013 in SC against the  dismissal of the left over three appeal  WP(C) 2348-50/2012 by DHC. These appeals are coming for hearing again on 04/02/2014 for admission since argument on earlier occasion could not be concluded. Ironically the SC has granted stay on proceeding with contempt proceedings either in CAT or in DHC for implementation of the judgement by DHC in above three cases (WP(C) 2348-50/2012).

    Even though the UOI has left with no arrows in their quiver, still  attempt to throw the empty quiver itself on the pensioners. There is no doubt that these SLP’S will also meet with same fate as earlier one.

    8 comments :

    1. Can a pre 2006 pensioner entitled for full pension after completion of ten years of service in GOI before joining a Public Sector Undertaking, governed by GOI. Technically this is treated as superannuation.This is not reflected in cabinet resolution(2008). Post 2006 pensioners get full pension after ten years of service,on superannuation/absortion in PSU

      ReplyDelete
      Replies
      1. Dear Sir,
        as per cabinet resolution pre-2006 pensioners are granted full pension only after 20 years of service .

        Delete
    2. What is the difference in prayer between OA 655/2010 & WP(C) 2348,2349&2350.High court,Delhi clubbed these four cases and delivered judgement. UOI prefered SLP in Supreme court against OA655/2010 only and lost. Now UOI prefered SLP in Supreme court against WP(C)2348,2349&2350, hearing is due on 4th Feb 2013

      ReplyDelete
      Replies
      1. Dear Sir,
        OA 655/2010 prayer was for modified parity but the court granted full parity where as prayer for WP(C) 2348-50 was for full parity & DHC granted full parity.

        Delete
    3. dear sir i am retairment for eme corps my service only 16year .i am ritaire oct 2000 my pension full granted orop

      ReplyDelete
      Replies
      1. Dear Sir,
        You are eligible to get full pension when OROP is granted in full

        Delete
    4. Full Pension for a pre 2006 pensioner(a PSU absorbee) after completion of 10years of service

      This issue was not reflected either in the 6th pay commission recommendation or GOI resolution
      Vide OM dt 2nd September 2008, linkage of full pension with 33yrs of qualifying service is dispensed with(5.2),full pension allowed for 10yrs of service but only for those retired on or after 1.1.2006, wef 2.9.2008(5.3 &5.4)
      Vide OM dt 10th December 2009, effective date was modified to 1.1.2006
      Vide OM dt 8th June 2011, Pension Rules 1972 were modified and as per modified Rule 49 ,it was reiterated that amount of pension would be 50% of Emoluments/average emoluments
      GOI fixed cutoff date in an arbitrary manner thus creating two classes based on the date of retirement, violation of fundamental rights ??

      could you please enlighten me about cases being fought in different courts of India regarding this issue i.e full pension for pre 2006 PSU absorbees after 10yrs service , its status and your opinion on this issue

      ReplyDelete
    5. sir my father has completed 26 years of service in national insurance company and taken svrs on 1 april 2003. and he is getting half pension on old pay system is he entilted to get 6th pay benifit.

      ReplyDelete