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  • Thursday 10 October 2013

    CONTEMPT PETITION IN CAT LATEST NEWS

    CONTEMPT PETITION IN CAT PB NEW DELHI IS ADJOURNED TO 27/11/2013, SINCE UOI FILED SLP IN SUPREME COURT WHICH IS COMING FOR ADMISSION HEARING ON 01/11/2013.THE GOI COUNSEL ARGUED IN THE COURT TO KEEP CONTEMPT PROCEEDINGS IN ABEYANCE TILL SLP IS DECIDED BY SUPREME COURT.THE COURT DID NOT AGREED TO THIS PLEA. THE FULL BENCH OF THE COURT ISSUED NOTICES TO DOP & MOF(E).
    IT IS TO BE BORNE IN MIND THAT SIMILAR PETITION WAS DISMISSED BY SUPREME COURT EARLIER & WE HOPE THAT THIS SLP WILL ALSO MEET WITH THE SAME FATE. .LE T US WAIT FOR THE FINAL HEARING ON 27/11/2013
    News BUILD YOUR MONEY F1 LIVE BAN vs NZ (Test) NZ 353/9 (120.5) Video Ind vs Aus | Latest | Blogs | Chat | Apps | CJ Politics India South Movies Sports Cricketnext Football F1 Tech Auto MORE ibnlive » Video 30 Minutes: one rank one pension CNN-IBN | Jul 17, 2011 at 12:59pm On '30 Minutes' we look at the difference in pension between pre-1969 retire and post 2006 retire in the Army. IBNLive308 IBNLive 29 Related Latest Popular Modi summons DGP for update on sexual assault case against Asaram Modi summons DGP for update on sexual assault case against Asaram NGO takes widows from Vrindavan to Kolkata for Durga Puja NGO takes widows from Vrindavan to Kolkata for Durga Puja Ahmedabad police look to get Asaram's custody, Narayan Sai absconding Follow us Politics | India | Movies | IBN South | Cricket | Photos | Videos | Video Streams |World | Business | Sports | Blogs | Tech | Latest News | Talk | Citizen Journalist | Sitemap | Football | News | Books | Chat | Blaze | Apps | TV | Live TV | Time-Crunch TV | South India | India Global | Masand Review | Tennis | Golf | Formula One | Tech Toys | Documents | Newsletters | Health | Popular Newstopics | Team | Event | People | City | IBNLive Articles | Online Shopping in India | Get your child's brain buzzing at school | Give your child a HEADSTART at school | SOS tips for moms | Get 3 days free trial for your kids academics | Get free TextBook Solutions | India News About Us | Disclaimer | Contact Us | Feedback | Complaint Redressal | Advertise With Us | Latest Videos | Play Online Games | Live Stock Market News | India’s Premier Technology Guide | Privacy Policy | Hindi News | RSS Feeds | Kids education and games site | Firstpost | History India | MTV India | Online Survey-Internet User | Flying Machine Survey CNN name, logo and all associated elements ® and © 2013 Cable News Network LP, LLLP. A Time Warner Company. All rights reserved. CNN and the CNN logo are registered marks of Cable News Network, LP LLLP, displayed with permission. Use of the CNN name and/or logo on or as part of CNN-IBN does not derogate from the intellectual property rights of Cable News Network in respect of them. Copyright © 2013 IBNLive.in.com — All rights reserved

    Read more at: http://ibnlive.in.com/videos/168175/30-minutes-one-rank-one-pension.html?utm_source=ref_article
    News BUILD YOUR MONEY F1 LIVE BAN vs NZ (Test) NZ 353/9 (120.5) Video Ind vs Aus | Latest | Blogs | Chat | Apps | CJ Politics India South Movies Sports Cricketnext Football F1 Tech Auto MORE ibnlive » Video 30 Minutes: one rank one pension CNN-IBN | Jul 17, 2011 at 12:59pm On '30 Minutes' we look at the difference in pension between pre-1969 retire and post 2006 retire in the Army. IBNLive308 IBNLive 29 Related Latest Popular Modi summons DGP for update on sexual assault case against Asaram Modi summons DGP for update on sexual assault case against Asaram NGO takes widows from Vrindavan to Kolkata for Durga Puja NGO takes widows from Vrindavan to Kolkata for Durga Puja Ahmedabad police look to get Asaram's custody, Narayan Sai absconding Follow us Politics | India | Movies | IBN South | Cricket | Photos | Videos | Video Streams |World | Business | Sports | Blogs | Tech | Latest News | Talk | Citizen Journalist | Sitemap | Football | News | Books | Chat | Blaze | Apps | TV | Live TV | Time-Crunch TV | South India | India Global | Masand Review | Tennis | Golf | Formula One | Tech Toys | Documents | Newsletters | Health | Popular Newstopics | Team | Event | People | City | IBNLive Articles | Online Shopping in India | Get your child's brain buzzing at school | Give your child a HEADSTART at school | SOS tips for moms | Get 3 days free trial for your kids academics | Get free TextBook Solutions | India News About Us | Disclaimer | Contact Us | Feedback | Complaint Redressal | Advertise With Us | Latest Videos | Play Online Games | Live Stock Market News | India’s Premier Technology Guide | Privacy Policy | Hindi News | RSS Feeds | Kids education and games site | Firstpost | History India | MTV India | Online Survey-Internet User | Flying Machine Survey CNN name, logo and all associated elements ® and © 2013 Cable News Network LP, LLLP. A Time Warner Company. All rights reserved. CNN and the CNN logo are registered marks of Cable News Network, LP LLLP, displayed with permission. Use of the CNN name and/or logo on or as part of CNN-IBN does not derogate from the intellectual property rights of Cable News Network in respect of them. Copyright © 2013 IBNLive.in.com — All rights reserved

    Read more at: http://ibnlive.in.com/videos/168175/30-minutes-one-rank-one-pension.html?utm_source=ref_article
    News BUILD YOUR MONEY F1 LIVE BAN vs NZ (Test) NZ 353/9 (120.5) Video Ind vs Aus | Latest | Blogs | Chat | Apps | CJ Politics India South Movies Sports Cricketnext Football F1 Tech Auto MORE ibnlive » Video 30 Minutes: one rank one pension CNN-IBN | Jul 17, 2011 at 12:59pm On '30 Minutes' we look at the difference in pension between pre-1969 retire and post 2006 retire in the Army. IBNLive308 IBNLive 29 Related Latest Popular Modi summons DGP for update on sexual assault case against Asaram Modi summons DGP for update on sexual assault case against Asaram NGO takes widows from Vrindavan to Kolkata for Durga Puja NGO takes widows from Vrindavan to Kolkata for Durga Puja Ahmedabad police look to get Asaram's custody, Narayan Sai absconding Follow us Politics | India | Movies | IBN South | Cricket | Photos | Videos | Video Streams |World | Business | Sports | Blogs | Tech | Latest News | Talk | Citizen Journalist | Sitemap | Football | News | Books | Chat | Blaze | Apps | TV | Live TV | Time-Crunch TV | South India | India Global | Masand Review | Tennis | Golf | Formula One | Tech Toys | Documents | Newsletters | Health | Popular Newstopics | Team | Event | People | City | IBNLive Articles | Online Shopping in India | Get your child's brain buzzing at school | Give your child a HEADSTART at school | SOS tips for moms | Get 3 days free trial for your kids academics | Get free TextBook Solutions | India News About Us | Disclaimer | Contact Us | Feedback | Complaint Redressal | Advertise With Us | Latest Videos | Play Online Games | Live Stock Market News | India’s Premier Technology Guide | Privacy Policy | Hindi News | RSS Feeds | Kids education and games site | Firstpost | History India | MTV India | Online Survey-Internet User | Flying Machine Survey CNN name, logo and all associated elements ® and © 2013 Cable News Network LP, LLLP. A Time Warner Company. All rights reserved. CNN and the CNN logo are registered marks of Cable News Network, LP LLLP, displayed with permission. Use of the CNN name and/or logo on or as part of CNN-IBN does not derogate from the intellectual property rights of Cable News Network in respect of them. Copyright © 2013 IBNLive.in.com — All rights reserved

    Read more at: http://ibnlive.in.com/videos/168175/30-minutes-one-rank-one-pension.html?utm_source=ref_article

    Wednesday 2 October 2013

    CAT PB DIRECTS UOI TO PAY 50% PENSION TO PRE 2006 PENSIONERS WITH 20 YEARS OF SERVICE OR MORE IN OA 2461/2012

    Tuesday 1 October 2013

    WE WANT FULL PARITY AS PER COURT JUDGEMENT NOT EYEWASH AS PER ENHANCEMENT OF PENSION ORDER DATED 28.01/2013



     Dear elders,
    GOI circular dated 28/01/2013 is nothing but an eye wash to misguide the aged pensioners. I t has not conferred full parity to pre2006 pensioners as compared to post 2006 pensioners. It provides only a name sake hike to certain pre-2006 pensioners.
    Whereas the judgement in OA 655/2010 by cat PB has conferred full parity to all pre-2006 pensioners even though   the petition was for modified parity & counsel has not demanded full parity. It was one of the lacuna of this petition. Once pull parity is accepted it becomes a precedent & on that basis pensioners have the bargaining power to demand full parity in future pay revisions. In the absence of such precedent, pensioners have to go to court after each& every pay revision for full parity.
    The above petition has not been heard by Supreme Court but declined to interfere in the judgement of CATPB & DHC. The GOI is likely to approach the SC after contempt proceedings by CAT PB .If such eventuality arise the court is likely to hear the petition in full & it is doubtful whether full parity as per this  petition  can withstand the judicial  scrutiny.

     While this is the scenario It has come as a shot in the arm for pre2006 pensioners that another set of petition seeking full parity filed by a section of pensioners was rejected by CAT PB on the ground that similar relief had been granted in OA 655/2010.The pensioners approached DHC & got the petition referred back to CAT PB for hearing & separate judgement. The court is bound to grant full parity in this case also since full parity has been granted in OA 655/2010 even though it is not asked for.

    Now coming to the implication of al the above, majority of the pensioners will not get any benefit if pension fixed  as given in circular dated 28/01/2013 since the circular implies that the  pre-revised scale should be equated to the minimum of the pay in the pay band in the revised scale& not the pay in the pay band of pre-revised scale  to  the pay in the pay band of revised scale as given in concordance table in F.NO.1/1/2008-1C DATED 30/08/2008(fitment table  showing stage to stage fitment of 5th CPC  pay in the pay band  with 6CPC pay in the pay band) as applicable to post 2006 pensioners .This OM has given  full parity (stage to stage fitment )to post 2006 pensioners.

    The word MINIMUM plays a negative role in the fixation as per full parity to pre2006 pensioners. Here a pensioner of particular scale in 5th CPC having retired with maximum of the  pay in the pay scale gets only minimum of the corresponding pay in the pay band as per 6thCPC instead of placing him in the maximum of the  corresponding pay in the pay band as per 6th CPC.

    It means a pre2006 employee retired in 5th CPC scale (S14)7500-250-12000 with a basic pay of  9500 will be placed in the minimum of the pay in the pay ban d (PB-2 ) 13950 +GP  for calculation of pension as  per  6thcpc .It is to be noted that his is  the 8th stage of his increment & retired with a basic pay of 9500. His fitment  in 8th stage of  6th CPC   as per concordance table dated 30/09/2008 as applicable to post 2006 pensioners  is 17670+GP. Whereas after applying the word MINIMUM instead of corresponding stage it becomes 13950+GP, the starting pay in the pay band PB2. Here you may note the difference in the total quantum of basic pension, the former case by applying modified parity formula ,a pre2006 pensioner is entitled to a pension of 13950+4800(GP)/2=9375.But in the latter case by applying full parity formula as given F.NO.1/1/2008-1C DATED 30/08/2008 a pre2006 pensioner is eligible to draw a basic pension of 17670+4800(GP)/2=11235. 

    This anomaly can be removed only through full parity method which provides for stage to stage fitment as granted to post 2006 pensioners as per F.NO.1/1/2008-1C DATED 30/08/2008.The above case is an example & it is applicable for all pre2006 pensioners except those who are retired in the minimum of the scale. This is the essence judgement given by CAT PB in OA 655/2010.

    Another anomaly seen in the circular dated 28/01/2013 is the application of pro-rota condition to pre2006 pensioners having less than 33 years of service. Similarly Pre 2006 pay merger cases have not been taken in to consideration in the above circular.
    We have to understand the effect of full parity method by which a pre2006 a pensioner irrespective of his retirement date will be able to draw a pension   equivalent to one who retires today from the same post having equal length of service & equivalent basic .It takes in to account all the legitimate aspirations of pre2006 & post 2006 pensioners whether it belongs to past or future.

    Wednesday 25 September 2013

    1) 7TH PAY COMMISSION ANNOUNCED 2) CONTEMPT PETITION HEARD & GOI WARNED

    1)  UNION CABINET  TODAY DECLARED THE CONSTITUTION OF  7TH PAY COMMISSION FOR CENTRAL GOVT EMPLOYEES  & SEPARATE PAY COMMISSION FOR ARMED  FORCES. 
    THE RECOMMENDATIONS OF THE COMMISSION WILL BE EFFECTIVE FROM  01/01/2016.

    2)  THE CONTEMPT PETITION OF PRE-2006 PENSIONERS REGARDING NON-COMPLIANCE OF CAT PB JUDGEMENT IN  OA 655/2010 CAME UP FOR HEARING ON 25/09/2013.
    UPON HEARING BOTH THE COUNSEL FOR PETITIONERS & RESPONDENTS,THE COURT ORDERED THE GOI TO ISSUE THE ORDER FOR IMPLEMENTATION OF THE JUDGEMENT & APPEAR BEFORE IT ON 10/10/2013 OR ELSE GOI HAS TO FACE THE CONSEQUENCES OF THE CONTEMPT OF COURT PROCEEDINGS.

    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