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  • Thursday, 15 May 2014

    CAT PB GRANTS 3MONTHS TO UOI FOR IMPLEMENTATION OF JUDGEMENT IN OA 655/2010

    The contempt petition CP158/2012 filed by pre-2006 pensioners, against UOI for the non-implementation of the judgement in their case OA655/2010, came up before the principal bench of CAT PB on 15/05/2014.The UOI counsel informed the court that the law ministry has advised the UOI to implement the court judgement in pre-2006 pensioners case OA655/2010.The court hence granted 3monts to UOI for implementation of the judgement.

    49 comments :

    1. how this benefit if materalized will benefit pre-2006 defence pensioners???? as basically this is s 29 pre-2006 civil pensioners case...

      ReplyDelete
    2. Dear Sir,
      It will be on the similar lines of OROP for Ex-servicemen but w.e.f.29/08/2008 only instead of 01/01/2006.The verdict is applicable for all pre-2006 central govt pensioners.

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    3. Dear menon,- I am anxiously awaiting your response on whether as a result of this development, we the pre2006 pensioners with 20 years service would get 50%pension?please inform by return post.

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      Replies
      1. Dear Sir,
        The judgement in OA655/2010 includes full pension after 20 years.It can not be implemented partially to one section.But unlike 33 years,20years case will be implemented w.e.f. 29/08/2008 only.

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      2. Thank you Mr Menon for clearly defining the parameters of full pension for 20 years+.
        can you please take the trouble of clarifying whether the case of full pension is par and parcel of the case pending in the supreme court? In other words, assuming SC will dismiis the SLP, do we , the pre 2006 pensioners get both benefits: namely, arrears from 1-1-06 for whatever we got from 24-92012, and full pension from 24-9-2008 ?

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    4. After a long drawn battle, Govt. seems to have realized the justification in the pensioners' demand. Hope there wont be any more hurdles.

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    5. Dear mr.menon, - Thanks for your reply. Yet, I don't understand what you mean by saying that pre-2006 pensioners with 20 years service will get benefit from 29.8.2008.Do you mean that 50% pension will be sanctioned to such cases with effect from their date of retirement but monetary benefit like arrears will be granted only from 29.8.2008?For instance in my case i voluntarily retired on 3rd Nov.2004 with more than 20 years service but less than 33 years;will you kindly state how my pension will be fixed in that case?

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    6. Dear Mr.Swamy,
      As per the cabinet resolution accepting the recommendations of 6th cpc has mentioned in clause 3 full pension after 20 years will be sanctioned with effect from the date notification of the resolution.Hence you may refer the cabinet resolution given under the blog & revert back.

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      Replies
      1. The Cat judgment on OA 655/2010 sl n0 30 reads.."30. In view of what has been stated above, we are of the view that the clarificatiory OM dated 3.10.2008 and further OM dated 14.10.2008 (which is also based upon clarificatiory OM dated 3.10.2008) and OM dated 11.02.2009, whereby representation was rejected by common order, are required to be quashed and set aside, which we accordingly do. Respondents are directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006, based on the resolution dated 29.08.2008 and in the light of our observations made above. Let the respondents re-fix the pension and pay the arrears thereof within a period of 3 months from the date of receipt of a copy of this order. OAs are allowed in the aforesaid terms, with no order as to interest and costs." so the arrears will flow from 29/08/2008 or 01/01/2006 is debatable.

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      2. Dear mr.menon,
        As advised, I referred to the relevant clause in the resolution and found that those with 20 yrs service will get 50% pension prospectively ie from 29.8.2008(being the date of its notification) and in that analogy even the one voluntarily retires with 20 yrs service sometime after 1.1.2006 but before 29.8.08, will get 50% pension fixed only with effect from 29.8.08.Likewise, in my case, since I took voluntary retirement with 20 yrs service on Nov,2004,as per the judgement, my 50% pension will be fixed only w.e.f.29.8.08 and not from 1.1.06. Kindly acknowledge if my inference and understanding of the case is right.

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      3. Dear Mr.Swamy,
        your understanding of the subject is absolutely correct

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      4. Dear friends,
        The word' Respondents are directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006, based on the resolution dated 29.08.2008.The petition is filed byS-29 pensioners association who are having more than 33 years service.Hence you have to read this sentence with reference to the context.That is why the court had used an additional words"Based on the resolution dated 29/08/2008'

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      5. thank you very much mr.menon for all your valuable guidance and information.

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      6. Dear mr.menon,
        Here, I would like to bring to your notice that in the railway pensioners site, it is still shown as "modified parity"(www.rscws.com) in their latest display whereas 50%pension to the pre2006 pensioners with 20 yrs service is something of"full parity" with the slight differential of implementing the order from Aug.2008 - Don't you agree?

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      7. Dear Mr,Ramaswamy,
        Please remember what I told you earlier that the petitioners(33years) had demanded only modified parity where as the court had granted full parity including full parity for pensioners with 20 years service.

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    7. what about whose service year are less than 20 years

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      Replies
      1. Dear Sir,
        The case is pending before DHC.After a favorable verdict you are likely to get the same benefit as above 20 years.

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      2. Dear mr. menon, thanks for your earlier reply.
        Any information on whether govt. have issued any orders on implementation of the CAT orders which interalia contain 50% pension for pre2006 pensioners with 20 years service?

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      3. sir from reply to a claarification on dated 22.05.14 regarding the person dischargeed with 15 years of service are to wait for another verdict of DHC

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      4. Dear Sir,
        All CG pre-2006pensioners of less than 20 years of service have to wait for CAT PB & DHC judgement for full parity.

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    8. I took VRS after 26 years service. My last pay drawn in the scale 10000-15200 was 17438, but my pension was fixed at 50% of the minimum of the revised scale, at 12342.. That means, a person enters in the scale of 10-15,200, he also gets same pension. In my case will I get the pension on the basis of multiplication table of 2.26 as per the govt. resolution and CAT judgement? I mean 50% of 17438x2.26.
      MITHRAN

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      Replies
      1. Dear Sir,
        Kindly mention your Department,DOR,DOB,LOD,correct scale in S-19 or S-18,First pension sanctioned in the old scale.Revised scale&New pension sanctioned in the revised scale.I have gone through the fitment table & I could not see the figures given by you.Please check up the data given by you & rever back along with the above details

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      2. Dear Sir,

        I joined service on 14.2.1979 and after 26 years, 3 months service, I retired from Ministry of DONER (development of north east region) on 3.6.2005. My basic pay was Rs. 11950 in S19 pay scale 10000-15200. Average 10 months' emolument (BP + 50% Dearness Pay )was Rs. 17438. My pension was fixed at Rs. 8191 not having 33 years service..

        My revised pension after 6CPC is Rs. 12342. The revised scale is Rs. 15600-39100 + 6600 grade pay. Minimum of the pay scale is Rs. 25200.

        So, I am getting pension at 50% of the minimum of the revised pay scale, without any fitment benefit. Please advise with correct calculation on the basis of CAT judgement.

        MITHRAN

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      3. Dear Sir,
        If modified parity is implemented you will get a basic pension of Rs.12600 only where as if full parity is implemented you are likely to get a basic pension of Rs.14415.This calculation is made as per the fitment table as applicable to post 2006 pensioners on full parity basis.you are now getting not even 50% of the minimum of the pay in the pay band 25200/2=12600

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    9. Sir, I retired from my service on 01/01/98. At that time I was store keeper with pay scale of Rs. 5000/-. From 01/01/2006, this was revised to 9300/- +4200/-. so my 50% pension will be Rs. 6750/- from 29/08/2008. is it correct? Kindly advise.

      kind regards

      ReplyDelete
      Replies
      1. Dear Sir,
        As per the limited data given by you,I assume that you were not drawing any increment in the previous scale & your basic pay was Rs.5000 in the previous scale.Your corresponding basic pay in the revised scale is 13500.Hence if you are eligible for 50% pension,your calculation is correct(qualifying service is not mentioned)

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    10. Respected Menon ji,

      Thanks

      Sir, I had mentioned only starting scale of may post. However my basic pay on 01/01/1998 was Rs. 5450/-. Qualifying service year were 22 on 01/01/1998. Kindly advise.

      Kind regards.

      ReplyDelete
    11. Dear Sir,
      If modified parity is implemented you will get a basic pension of Rs.6750 only where as if full parity is implemented you are likely to get a basic pension of Rs.7170

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    12. Dear Sir,
      I got absobed in REC on 1-7-79 in pay scale of Rs 500-900,which has been revised as 9300+4200.My total service in Def Accounts Deptt was 15 years,7 months & 13 days.In PSU no benefit of previous service was given.DAD has brought down my pension to Minimum viz Rs 3,500/-.Shall I be benifitted with CAT order of 50% of Minimum corresponding Pay+grade pay ,which is applicable on completion of 20 years service, if not then what will be my pro-rata pension after rendering15 years,7 months & 13 days service in DAD.
      S.K.Sharma

      ReplyDelete
    13. Dear Sir,
      The CAT PB judgement is only for pensioners of 20 years & above qualifying service.Hence you will not be benefited by that.There case pending in CAT PB by which you will be benefited if the judgement is in favour.It reads as given below.

      O.A.No.2165/2011 (K.Srinivasan and Ors. Vs U.O.I) and OA No. 247/2012 (S.B.Roy and Ors Vs U.O.I.)
      (i) grant of full pension after completion of 20 years service in case of Voluntary Retirement;
      (ii) grant of full pension after completion of 10 years of service in case of retirement on superannuation;
      (iii) grant of full pension after completion of 10 years of service in case of absorption in government undertakings/autonomous bodies.

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    14. Dear Mr. Menon I got retirement from the IAF w.e.f. 28.02.1998 after completing 21 years service in the rank of Sgt. At present my basic pension is 6684/- What will be my pension after revision of the pension.

      ReplyDelete
      Replies
      1. Dear Sir,
        I assume that you belong to group y & your expected pension under OROP is likely to be approximately 7020

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      2. Dear mr.menon,
        Please refer to one shir.subra's posting in the communication box wherein it is stated that the OA 1165/2011 is scheduled to be heard in PB CAT next month.I see from the latest status of the pending court cases, that this case also pertains to grant of full pension for pre2006 pensioners with 20 yrs service.
        Would you please throw some light on the continued need for hearing this case since the relief sought(50%pension) is already granted by the PB CAT in a similar case vide OA 2461/2012 as has been highlighted by you in an exclusive box over the communication box? Moreover, the UOI have also submitted before the PB CAT that they will honour the judgement given in OA 655/2010 that interalia includes the same provision of 50% pension for pre2006 pensioners!
        Kindly clarify please.

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      3. Dear mr.menon, since i doubt if my earlier query didnt get reflected here, i am once again posting the same for your clafification.
        would you kindly clarify as to why OA1165/2011(as is shown by mr.kanujia in his latest compilation of court cases)is still not disposed of in favour of the applicant granting relief of full pension for 20 yrs, since the same relief is already granted vide judgement given for OA 2461/2012 and more recently by way of the assurance given by the govt to honour the verdict given for 655/2010?

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      4. Dear Mr.Swamy,
        There are many cases of similar nature pending in many courts & these are not going to affect the implementaion of court order in OA 655/2010 & 3 SLP pending in SC ,Which may affect the 50 % pension after 20 years for pre-2006 pensioners if the judgement is against pensioners. I hope I have already made it clear this points to you.

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    15. sir ,
      i havve got 20 yers services and rtd on 2005 nov , my basic pension is 6453/- what will be my OROP ?how you are calculating the way ,pl give replay to ragu2003@gmail.com
      thanking you
      ragu

      ReplyDelete
    16. dear mr.menon, thanks for reply. In your earlier clarification you had stated that one of the reliefs vide 655/2010 is full pension for pre2006 pensioners with 20 yrs service; so naturally since govt has now assured cat that they will honour the judgement, i thought that the govt is absolutely bound to give the benefit of full pension to pre2006 pensioners with 20 yrs service. But now i am confused that you are saying something to the effect that the prospective judgements in some other pending cases may go against the said full pension. in fact you've also indicated that full pension has already been ordered in our favour vide OA2461/2012 as has been highlighted by you over the communication box. Honestly, I am more confused than ever before! I am at a loss to understand how a judgement given in one case will be affected by that of the other case of similar nature? Above all, is it legally viable to entertain any further case of similar nature while there is a clear judgement of a past case of a a similar nature as in the instant case?! Shall i at best infer that the judgement to be given by sc in the 3 pending SLPs will be final in this regard? Please clarify.

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    17. Besides all i have stated above, what really drives me dizzy about the whole process is that there is already a stand alone judgement vide OA 2461/2012 allowing 50%(full)pension for pre2006 pensioners with 20 yrs or more service which has in fact been highlighted by you in an exclusive space under the caption" 50% pension for 20 yrs service"over the communication box in this dedicated blog site. Now, interestingly, OA 1165/2011is also being heard in PB CAT for the same relief of full(50%)pension on the same grounds though the said relief is also granted by CAT in OA 2461/2012 and the direction was already issued to govt to implement the order within 3 months as I see from your site. Is it not confusing that an OA is still being heard in cat while there is a clear judgement already delivered by the same PB CAT in a past OA of a similar nature with the same grouds?
      Would you kindly clarify for the benefit of other readers like me also, the legal aspects that have led to this intriguing situation?

      ReplyDelete
      Replies
      1. Dear Sir,
        There is no link between OA2165/2011 & 3SLPs 36148-50/2013.The judgement in WP(C) 2348-50/2012 by DHC is challenged in 3SLPs.Your attention is drawn that the judgement by CAT PB in OA655/2010 & other 3 linked cases was challenged by UOI in DHC by WP(C) 1535/2012 & other 3 linked cases WP(c) 2348-50/2012.The clever UOI has challenged WP(c) 1535/2012 separately as SLP ,Review petition & curative petition.Now at last they have challenged WP(C) 2348-50/2012 in SC by 3 SLPs(c) 36148-50/2013

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      2. Dear mr.menon, Thanks for responding. Let us just take a re-look. The judgement delivered in OA 655/2010 has interalia a relief of 50% pension for pre2006 pensioners with 20 yrs service at par with those of post2006.Now, the govt have committed before CAT that the said judgement will be honored. I think it is basic in law that the honoring judgement means implementing it in full and not in part. You may be aware that you had also,in one of your earlier replies to me, had spoken of this point. So, with the govt having given such an assurance to CAT, dont you think that those 3 slps in SC automatically lose whatever legal standing it has, of course subject to how effectively the above position is presented before the SC in case the govt not withdrawing the same on their own?
        I believe your studied clarification for the above will clear my doubt once for all; please expedite your comments/clarifications.

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    18. DEAR SIR

      I RETIRED AS SGT FROM IAF AFTER 15 YEARS OF SERVICE ON 30 SEPTEMBER 1981 BUT GETTING PENSION OF CPL AS I DID NOT COMPLETE 10 MONTHS AS SGT
      ANY WAY HOW MUCH TOTAL PENSION I WILL GET AFTER OROP

      ReplyDelete
    19. Sir, I retired from the Army after completion of 16 years of service. Since my service is less than 20 years. Please let me know whether the persons who's service is less than 20 years will be benefitted of this Case OA 655/2010 or not. Ajay

      ReplyDelete
      Replies
      1. Dear Sir,
        The judgement in OA 655/2010 is for implementation of cabinet resolution OM dated 29/08/2008 which excludes PBOR.Hence PBOR is not likely to be benefited by this judgement.

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    20. Dear Mr. menon,
      I voluntarily retired from IIT in the scale of 3700-5700, in 1990, as assistant professor. As per SCPC, assistant prof were put PB3. My basic pension, was enhanced from 12,517 to 20,388. No doubt I am happy about the big rise. But I was told by IIT in PB4. I would like to know how it happened.
      More importantly, assuming favourable verdict from SC, will I get the same rise from 1-1-06 along with DA on the same?

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    21. Dear Sir,
      If the SlP is decided in favor of the pensioners,you will get the arrears from 01/01/2006 on full parity basis along with DA.

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    22. Sir,
      I have put-in 11 years service in central government and later in 2002 absorbed in autonomous body, where there is no pension. I'm getting pro-rata pension in tune of 22/66, i.e, 30% of the pension. Am I eligible for full pension?

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    23. Sir,

      As per the verdict of Hon. Supreme Court of India, the period of 3 months to implement the same has already been over, what is the action from Government side for its implementation

      ReplyDelete
    24. Just now read following flash on www.rscws.com

      Approval of MOF has been given for implementation of orders of SC (dated 17-3-2015) & CAT (dated 1-11-2011) reg Modified parity wef 1-1-2006. Orders are likely to be issued in 2 to 3 days. Heartiest congratulations to all the affected Pensioners and thanks to all those who worked hard to win this battle at various stages - both in and out side the courts.

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