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  • Tuesday, 17 March 2015

    IESM CLARIFICATION REGARDING SC JUDGEMENT

    ARREARS OF  PENSION  TO BE PAID  FROM 01 JAN 2006  TO   24 SEP 2012
    Dear Veterans
    This refers to arrears paid for increase in pension as per recommendations of 6 CPC to all employees of  of central Government w.e.f. 24 Sep 2012. 
      Government has already paid the arrears to members of the SAG (S-29) Association from 1 Jan 2006. However this was denied to Armed Forces personnel on most stupid ground that the arrears will not be paid to those who had not gone to court. 
      RDOA had gone to court for arrears to be paid to Armed Forces also. The case was won but the Government decided to file SLP against the SC judgment. The SLP came for hearing on 17 March 15, after many extensions. Honorable SC has declined admission of SLP and asked Government to release payment of arrears w.e.f. 1 Jan 2006 within four months. These arrears are for modified parity in pension paid w.e.f 24 Sep 2012.
      Government counsel once again told Honorable SC that the arrears w.e.f 1 Jan 2006 will be paid to only litigants. On this plea Honorable SC had said that this will again increase your and our work load because within few days rest of personnel will soon approach SC for the arrears and Government will have to pay. Therefore it is better that the arrears are paid to all personnel of armed forces. 
    Government counsel appealed that Government does not have money for such large payment. On this plea again Honorable SC ruled that if Government can loose thousands of crore in coal blocks this payment is chickenfeed infront of that. Hence the arrears will have to be paid within four months.
      These were oral discussions in the court, we will have to wait for formal order by the Honorable SC and the reaction of Government on the judgment. IESM will go to court on behalf of all personnel of Armed Forces in case Government refuses to pay arrears to all affected Armed Forces Personnel.
    Please wait for written judgment of Honorable Supreme Court. 
    Regards
    Gp Capt VK Gandhi VSM
    Gen Sec IESM
    Flat no 801, Tower N5
    Narmada Apartments
    Pocket D6 
    Vasant Kunj
    Nelson Mandela Marg
    New Delhi. 110070
    Mobile   09810541222

    31 comments :

    1. Sir, I am a Pre- 20006 retired Subedar Major after 32 years service in the Army. I wanted to know, whether I am effected by this SC order.

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    2. Remembering Holy Bible, Jaitly is Shaitan and Hom'ble S C is our GOD. Now God has ordered to Shaitan to help to Poor ESMs. Now wait and watch how Shaitan again fools GOD

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      Replies
      1. Yes mr jaitly is saitan and S C is our God. These Saitans of Ministry of Finance And ministry of Pensioners has to punish the concerned for the curse of Retiered pensioners By the Almighty God

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    3. PL NOTE SO FAR ARREARS HAVE BEEN ALLOWED ONLY TO THE 660 MEMEBRS OF THE CGSAGPA (CENTRAL GOVT SAG(S29) PENSIONERS' ASSOCIATION , VIZ QUA PETITIONERS ,IN TERMS OF THE JUDGMENT DT 15 5 2014 V IN CP 158/2011 IN OA 655/2010 AND NOT TO ALL ELIGIBLE CIVIL PENSIONERS AS MENTIONED IN THE OPENING PART OF THE ABOVE WRITE UP PL. V NATARAJAN.

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      Replies
      1. Dear Sir,
        Personally I am aware of it & have brought to the notice of the IESM,consequently the letter stands corrected

        Thanks for the indicating the mistake

        Delete
    4. Sir,

      Who are effected by the SC order dated 17 Mar 2015. I am a retired Pre 2006 Sub Maj, retired after 32 years of service.Is it effect my pension.

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    5. Gp Capt Gandhi Sir, thanks for the useful and valuable information provided to the veterans.

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    6. Now new hangamma 6th pay commission arrears, old one OROP remain underground. They postpone the implementation at their own will and fancy. it is very pathetic and soldiers are mere worse than beggars

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    7. Gods news. Thanks Gandhi sir.

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    8. Dear Sir, The stand of our NDA Govt on both the issue ie. pre 2006 arrears and OROP is still doubtful, that they will not file any SLP/petition on the issue in SC.The judgement on both the issue has been given so many times but they have been dragging the order for implementation. Yes sir govt is going to celebrate one year completion of his tenure. But we all will be observing BLACK DAY on 26 May 2015.Because our PM has taken oath as pm of country.We will ask our PM to issue a SWET PATRA as it was asked by him from previous Govt.

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    9. REALLY A GOOD NEWS FOR XSM

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    10. "Government has already paid the arrears to civil employees from 1 Jan 2006".

      Please check whether the above statement is correct. If it is correct, then there would not have been any need to wait for the HSC's decision on pending SLPs 361480-50/2013.

      4 months time has been given for payment of arrears from 1.1.2006 and the Executive Instructions may get issued in the near future.

      As such, no pensioner retired from civil departments (other than petitioners of OA 655/2010) have been paid arrears from 1.1.2006. Even for petitioners of OA 655/2010 who rendered less than 33 years qualifying service, proportionate reduction in pension based on length of service has been ordered vide OM dated 19.9.2014. Please effect appropriate correction in the aforesaid post.

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    11. 1. We should not beat around the bush. What Mr V Natarajan is telling is appears to be correct.

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    12. Sir,I am a pre 2006 retired NbSub after 21 years of service in the army.SC order is effective to me or not. Reply please.

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    13. chandran sir, On 17 march SC has dismissed the slps , Did the sc issue orders for that effect? if not why the hon sc is delaying the written order for the judgement.?

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      Replies
      1. it seems to be another mimics

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    14. dear chandran is there any orders issued by sc regarding the dismissal of slps?

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    15. dear mr. MBC yesterday DM has told that a formula has been prepared for OROP
      (malayalam news at1925 hrs)
      Seems to be a dilution did any thing come out

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    16. DEAR MBC sir for arrears of pre 2006, i think seperate sanction is not reqd
      it is as per 6cpc and that is accepted by govt. but we may have to challenge the order of denying the arrears which is contrary to the 6cpc recom accepted by govt.

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    17. 1. I, 2879637W Ex Havildar & Honorary Naib Subedar VIJAI KUMAR have served in Army for 24 years and 02 days and retired on 31 October 2006 (A/N). I have been granted the rank of Honorary Naib Subedar with effect from 01 November 2006 on the republic day of 2007. My original PPO No is S/029763/2006 (ARMY).

      2. It is intimated that I am drawing my service pension from your bank vide bank account No - 2994001301104170 @ Rs 7750/- basic pension vide my P.P.O. No S/CORR/039335/2010 (ARMY) dated 19 October 2010 and subsequent corrigendum PPOs issued by PCDA (P), Allahabad in this regard time to time. I have 24 years of qualifying service at my credit and was pensioned with sanction and payment of my all retrial benefits by taking into account of notional pay applicable for Honorary Naib Subedar in Y pay group in PB-2 pay band of Rs 9300 - 34800 + Grade Pay of Rs 4200 + MSP of Rs 2000. My last basic pay was Rs 4700/- in pre revised pay scale of Rs 3600 - 100 - 5100 in Y pay group in the rank of Havildar. In this regard, I wish to submit that I am fully entitled & eligible to get the pension of regular Naib Subedar in Y pay group. This is conformity of recommendation of 6th CPC in which it is provided that Honorary Naib Subedars are entitled to get pension equivalent to regular Naib Subedar of the same group. Further, PCDA(P) circular No 471 dated 30 September 2011 confirmed the same thing and moreover, the same issue has been decided by Apex Court in SLP cc No - 42/2010 in case of UOI & other V/s Honorary Naib Subedar Sh. Kanwal Singh. Similar judgments were also delivered by AFT, Chandigarh on 27 October 2010 in OA No - 691/2010 in the case of Sh Subha Chand Sheoran & others V/s UOI & others and subsequently AFT, Jaipur also gave similar decision on 11 January 2011 in case of Honorary Naib Subedar Dharampal & others V/s UOI & others vide OA No - 160/2010.

      3. The, being more beneficial, my service pension is subjected to revision with effect from 01 November 2006 @ Rs 8577/- per month in the rank of Honorary Naib Subedar in Y pay group according to provisions contained in Paras No 6.1 & 6.2 of PCDA(P) circular No 397 dated 18 November 2008 (scan of circular No 397 attached as attachment) giving provision that pension in no case shall be lower than 50% of the minimum of pay in pay band + GP + MSP applicable and introduced from 01 January 2006 corresponding to pre-revised scale from which the pensioner had retired for 33 years of maximum qualifying service.

      4. According to the above, my last basic pay drawn of Havildar rank in Y pay group is corresponding to last basic pay of Rs 7160/- in the rank of Naib Subedar in Y pay group. According to fitment table issued by Special Army Instruction – 1/S/2008(table attached as attachment), total revised pay including pay in pay band of Rs 13320 + GP of Rs 4200 + MSP of Rs 2000 = Total revised pay = Rs 19520, which is corresponding of pre-revised pay of Rs 7160. Consequently my revised pension with effect from 01 November 2006 by modified parity method is computed as under:
      50% of Rs 19520 = Rs 9760 x Q.S of 24 years + 05 years weightage = /33 = 9760x29/33= Rs 8577/- per month with effect from 01 November 2006.

      5. That as per instructions issued in last para of 6.2 & para No – 14.1 of above circular 397 dated 18 November 2008 and para 13.1 of circular No – 430 dated 10 March 2010, you are fully authorised to revise my pension & payment of arrear of pension accordingly and as desired by me.

      6. That my pension is further subjected to revision from Rs 8577/- to Rs 9382/- per month vide table No 32 of PCDA(P) circular No 430 dated 10 March 2010 for the rank of Honorary Naib Subedar in Y pay group.

      7. In view of the above my pension should be revised from Rs 7750/- to Rs 8577/- per month w.e.f. 01 November 2006 and from Rs 8577/- to Rs 9382/- per month w.e.f. 01 July 2009.

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    18. Sir Govt has now issued orders for central Govt employees to issue arrears wef 01/01/2006 .Ireuest Gp Capt. Gandhi Sir to look into /study the Govt letter please. No 38/37/08-P& PW(A)GOVT OF INDIA MINISTARY OF PERSONNEL,PG & Pensions Dept Of pensions & pensioners welfare.

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    19. EX SGT UNNIKRISHNAN2 September 2015 at 08:19

      SIR, I AM EX. SGT.UNNIKRISHNAN RELEASED IN 1994 AFTER 15 YEARS OF SERVICE AND I WOULD LIKE TO KNOW AM I ELIGIBLE FOR THE PRE 2006 PENSION ARREARS AS PER THE HONORABLE SUPREME COURT ORDER. I ALSO THANK GP CAPT.GANDHI SIR FOR THIS VALUABLE INFORMATION.

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    20. Sir,

      I am a defence veteran retired on 5 Jan 1980 as Hav with 16 years service. I was given Rs 3729/- pension from 1.1.2006, Rs4837/- from 1.7.2009 and Rs 5531/- from 24.9.2012. I was given arrears of Rs 14,200/- ie minimum guaranteed pension minus pension drawn as on 1.1.2006 for the period from 1.1.2006 to 30.6.2009. The minimum guaranteed pension is incorrect requires reconsideration.

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    21. Sir,I am receiving my revised pension Rs 15465/- per month wef 24 Sep 2012 as per CDA circular. I retire wef 01 Jan 2008 and received my revised pension wef 24 Sep 2012. Now as per Supreme court verdict, the arrears of pension would be paid wef 01 Jan 2006. Please clarify that I am eligible for pension arrears wef 01 Jan 2008 (ie the date of retirement) to 23 Sep 2012 or otherwise.I hope PCDA will clarify the same for the welfare of all those who retire between 01 Jan 2006 to 23 Sep 2012.

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    22. Sir, I Avtar Singh retired from Army Corps of Signals on 01/09/2006 as Hony Lt in active service and my pension was fixed Rs 13500/- pm from my date of retirement. The same was revised to Rs 15465/- pm wef 24/09/2012 due to some anomaly noticed in 6th pay commission. However, Supreme Court in its verdict ruled that the anomaly notices at later date in 6th pay commission to be paid from 01/01/2006 on case filed by pre 01/01/2006 retirees. The same has been implemented for the pre 01/01/2006 and post 01/01/2006 retirees have been left in lurk. On approaching PCDA pension Allahabad they replied that they have received the instructions to pay the arrears to pre 01/01/2006 retirees and no instruction have been received for post 01/01/2006 which is an injustice to post 10/01/2006 retirees and now created an anomaly for post 01/01/2006 retirees. Post 01/01/2006 retirees are also entitled for revision of their pension from their date of retirement to 23/09/2016 as the Supreme Court ruled in its verdict that arrears to be paid to all. Govt should pay attention to resolve this problem to avoid rushing the post 01/01/2006 to The Court to get justice done to them.

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    23. It is very old news and passed 18 months I have got arrears Rs.3452/= only. Government is not going to give anything.

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    24. only a few persons have been paid their dues and many in rural areas are still not pain these arrears. I think the notification be made public thru local news papers.

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    25. I retireed from Army Corps of Signals on 01 Sep 2006 and my pension was fixed Rs 13500 pm from my date of retirement. The same was revised to Rs 15465 pm wef 24/09/2012 due to some anomaly noticed in 6th pay commission. However, Supreme Court in its verdict ruled that the anomaly notices at later date in 6th pay commission to be paid from 01 Jan 2006 on case filed by pre 01 Jan 2006. The same has been implemented for the pre 01 Jan 2006 and post 01 Jan 2006 retirees have been left in lurk. On approaching PCDA pension Allahabad they replied that they have received the instructions to pay the arrears to pre 01 Jan 2006 retirees and no instruction have been received for post 01 Jan 2006 which is an injustice to post 01 Jan 2006 retirees and now PCDA has issued 568 circular for delinking 33 year service for pre 01 Jan 2006 retirees according to which Hony Lt pension is to be fixed to Rs 15465 pm i.e. 50 percent of Rs 30930 fitment. Whereas post 01 Jan 2006 retirees Hony Lt pension was fixed to Rs 13500 pm 50 PERCENTAGEof Rs 27000. May I request you to confirm if post 01 Jan 2006 retiree Hony. Lt/Capt are entitled for revision of their pension from their date of retirement to 23/09/2016 or otherwise for our next course of action to get ratify this issue.

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    26. Ex Ris Maj Hony Capt Mohan Singh Manhas14 July 2017 at 21:46

      I would like to know when government paid the arrears to Hony lt/capt those retired between 01.01.2006 to 23.09.2012 whereas government had paid to them those retired per 01.01.2006.

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    27. I would like to comment on the issue of revised pension to post-2006 honorary commission officers who have not received pension arrears with retirement benefits from the date of discharge at per pre-2006 wef 1/1/2006 must come out to the court (aft) for seeking right to challenge. Thanks. By

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      Replies
      1. All Hony Capt/Lt who retired between 02/01/2006 to 23/09/2012 to communicate to each other by means of as there is no notification from Min of Def to pay pension arrears to post retiree Hony Capt/Lt from their date of retirement to 23/09/2012 in the light of SC verdict which has already been impemented for pre 01/01/2006 retiree Hony Capt/Lt to enable all to appeal in the Court in one go on this matter. My mob No is 98715385808.

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