UOI SLP AGAINST PRE2006 PENSIONERS DISMISSED BY SUPREME COURT

The supreme court has dismissed the SLP (civil) 23055/2013 filed by union of India against Delhi high court judgement in pre-2006 pensioners case in WP 1535/2012 upholding the CAT PB judgement & Delhi high court judgement.The above SLP came up for hearing on 29/07/2013 & the apex court dismissed the SLP on the same day.Pensioners will now get arrears w.e.f.01/01/2006 if their revised pension was fixed at less than 50% percent of the minimum of the pay in the pay band including grade pay thereon in the revised scale corresponding to the pre-revised pay scale from which the pensioner has retired.

                       JUDGEMENT

     UPON hearing counsel the Court made the following 
                                        O R D E R

  We are not inclined to interfere with

the order  passed  bythe High  Court. 

Consequently, the special leave petitions

are dismissed.  However, the petitioners 

are at liberty to raise all points before 

the Tribunal as and when the appeal, 

including the contempt petition is

preferred.

GOI IS MULLING OVER DELHI HIGH COURT JUDGEMENT IN PRE-2006 PENSIONERS CASE

Reply by DOP&PW dated 21-6-2013 to RTI Query received by Natarajan Venkataraman Reg: Action taken by GOI on Delhi High Court Judgement - 'Copy of judgement dated 29-4-2013 received by GOI on 23-5-2013. Matter is still under consideration. No final decision has been taken by the Govt. as yet'.
CPIO (Shri S K Makkar, CPIO/US to GOI), DOPPW vide his reply lr no 38/7/13- P&PW(A) dt 21st June 2013 states "I am to refer to your RTI application dated 22 5 2013 received by the undersigned
on 29 5 2013.
2.In regard to information sought by you, it is informed that the judgement dated 29 4 2013 of Hon High Court has been received in this Department on 23-5-2013. The Department is examining the judgement in consultation with Min. of Finance, Dept. of Expenditure and Ministry of Law. The files relating thereto are in continuous movement. The material information on the issue would be provided as and when a final decision is taken in the matter as has been in the past also.
3.If you are not satisfied with the above reply, you may submit an appeal to the Appellate Authority. The Appellate Authority is Mrs Tripti P. Ghosh, Director (PP), Department of Pension and Pensioners' Welfare."


Yours faithfully,
Sd/-
SK Makkar
CPIO/Under Secretary
to the Government of India. 

STATUS OF THE CASES OF PRE- 2006 PENSIONERS IN VARIOUS COURTS : AS ON 01.07.2013

                        

Item		HEARD BY	PETITION NO. & YEAR	LEAD PETITIONER	NEXT DATE FIXED FOR HEARING	REMARKS IN BRIEF
1	CAT-PB Delhi		OA 1165 / 2011	Pratap Narain & Ors Vs. MOP/flOP	25.07.2013	Case is for modified parity plus full pension on  20 years of service w.e.f. 1.1.2006. Govt. submitted its Counter on 11.07.12. Copy of Counter received on 17.12.12 and four weeks time was allowed for submission of  Rejoinder. In the meanwhile, MOP,DOP&PW vide OM No. 38 /37 / 08-P&PW(A) dated 28.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band corresponding to the Table from which a pensioner had retired but prospectively i. e. from 24.09.12. Two issues are still remaining to be settled, namely, arrears from 1.1.06 and full pension at 20 years of service as per Cabinet approved Resolution dated 29.08.08.
2	CAT-PB Delhi		OA 2165 / 2011	KR Srinivasan & Ors Vs. MOP/flOP	25.07.2013	Same as for  item 1 above.
3	CAT-PB Delhi		OA 247 of 2012	17 Petitioners	25.07.2013	Same as for  item 1 above.
4	Lucknow HC		Ser.Ben.203 / 2010	s29 UP Officers	15.07.2013	The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pensioner had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. Petitioners are pre 2006 Pensioners belonging All India Service Officers of Govt. of U.P. retired from pre revised pay scale of  Rs. 18,400-22,400. The U.P. Govt. implemented SCPC Report with certain modifications and issued G.O. No. Sa/3/1358 /Das-2010 dated 19.07.2010 fixing their revised pension at Rs. 26,500 w.e.f. 1.1.2006. The Pensioners grieance is that thier pension shold have been fixed at Rs. 27,350 w.e.f.  1.1.2006. The Court heard the case last on 1.7.2013, when as asked for by the Court earlier, UOI submitted a copy of the SCPC Report through a detailed affidavit. The Court is likely to hear the case again  in two week's time.
5	Delhi HC		WP(C)3359/ 2010	s29,s26 Ex.ParaMil.	No further date fixed for hearing so far as per website till 01.07.13.	The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. MOP,DOP&PW vide OM No. 38 /37 / 08-P&PW(A) dated 28.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band plus grade pay corresponding to the Table concerning to pre revised pay scale from which pensioner had retired effective 24.9.12..Issue remains to be settled  is for  arrears from 1.1.06   as per Cabinet approved Resolution dated 29.08.08.
6	Supreme Court		Contempt Petition (Civil) 64/2009	SPS Vains, Major General & Ors.	29.07.13	This case is for grant of Modified Parity in terms of MOP,DOP Resolution dated 29.8.2008, after including the same in Special Instructions. Petitioners are pre 2006 retirees Major Generals. MOD vide letter No. 1(11)/2012-D(Pen Policy) dated 17.01.13 has already   stepped their revised pension at  50% of sum of minimum of the pay in the pay band 4 plus grade pay and MSP, all corresponding  table of  pre revised pay scale from which they retired but w.e.f. 24.9.2012 and NOT  1.1.2006. Issue remains to be settled  isfor  arrears from 1.1.06, the date of implementation of SCPC Report.
7	Supreme Court		Civil Appeal 2966 / 2011	U0I Vs SPS Vains Mj. General & Ors	29.07.13	This case is  same  as CP(C) No.64 of 2009 except  that in this case Petitioners are UOI & Ors. and Respondents are Pensioners. Issue remains to be settled  is for  arrears from 1.1.06, the date of implementation of SCPC Report.  Both cases are being heard  together by the hon.ble Supreme Court.
8	Supreme Court		Civil Appeal 8875-8876 of 2011.	U0I & Ors.Vs. Vinod Kumar Jain & Ors (Avtar Singh)	09 .07.13	The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. AFT has given Judgment in favour of Pensioners but UOI has gone in appeal to Supreme Court. In the meanwhile, MOD vide letter No. 1(11)/2012-D(Pen Policy) dated 17.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band corresponding to the Table but prospectively i.e. from 24.09.12. Issue remains to be settled  is for  arrears from 1.1.06, the date of implementation of SCPC Report.
9	Supreme Court		Civil  Appeal  5367 -5368    OF   2005	Principal Sec.(F & P), Govt. of Andhra Pradesh Vs.   A.P. Pensioners Samaj.	19.07.13	Three Judge Bench Matter.
10		Delhi HC	WPC No. 4572 of 2012	All India S30 Pensioners Association Vs. UOI	02.07.2013	Full parity case wherein  writ, order or direction sought are : (a) setting aside the impugned judgment dated 6th March, 2012 passed by the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.937 of 2010; (b) calling for the records of the case from the Respondent Authorities; (c ) granting the reliefs prayed for by the Petitioners in their Original Application No.937 of 2010 filed before the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi; and Judgment thereof.
11		CAT-PB/Delhi	Contempt No.158 of 2012	CG SAG (S29) Pensioners Association, Shri Satish Verma, Rtd.CE Vs. Shri RC Mishra, Sec. DOP, MOP,GOI. and Shri Sumit Bose, Sec.DOE,MOF,GOI.	07.08.2013	This Petition is against non-compliance of orders passed by CAT-PB while giving Judgment in case of  OA 0655/2010 with other OAs. In view of  IR granted by Delhi HC on 21.5.12, hon.ble Court on 30.5.12 closed the case with liberty to move application  for revival of  CP as per the Orders of  hon.ble Delhi HC. Accordingly, after the dismisal of UOI Petition in Delhi HC, the revival application was put up which was heard on 24.5.13 and 28.5.13 and orders for isuue of notices to respondents  were passed.
12		Supreme Court	SLP (Civil) 19784 of 2013	Haryana Viduat Prasaran Nigam  Ltd & Ors Vs R K Agarwal and Ors	Date of listing for hearing for admission is not fixed till updating on 1.7.13	This SLP is againsst Punjab and Haryana High Court Judgment in case of CWP No. 19641 of 2009 R K Agarwal &Ors. Vs. HVPN Ltd & Ors. dated 21.12.2012.

AN APPEAL TO GOI BY PRE-2006 PENSIONERS

We pre 2006 pensioners make an appeal to GOI  for implementing the mandamus issued by division bench of honorable Delhi High court in WP(c) 1535/2012.The high court has directed the GOI to implement the cabinet resolution dated 29/08/2008, in which the  recommendation of 6^th CPC were accepted , w.e.f. 01/01/2006.we therefore make an appeal to  the honorable Prime minister   to intervene in this matter and issue necessary instruction to the department of pension for implementing  the cabinet resolution dated 29/08/2008 in letter and spirit  as directed by Delhi high court and release the arrears w.e.f.01/01/2006  without dragging the senior citizens of  our country to further litigation. The remark made by the high court in the judgement that they should not be burdened further in this matter shows the strength of judgement. The reasoning given by the court in this judgement will hold good even in the international court of justice. As you know very old and ailing pensioners are also waiting for this legitimate benefit, confirmed upon them by the court, this appeal may please be considered sympathetically at your earliest and the benefit may be disbursed to them on humanitarian ground before they breathe their last.

IMPLICATION OF DELHI HIGH COURT JUDGEMENT IN PRE 2006 PENSIONERS CASE

Several central govt pensioners’ organisations have misunderstood the implication of judgement in pre 2006 pensioners’ case by Delhi high court in Gov appeal 1535/2012. They plead that the Gov OM dated 28/01/2013 giving improvement in pension to pre 2006 pensioners should be implemented from 01/01/2006 instead of 24/09/2012. The Delhi high court do not direct to implement this circular but it orders to implement the judgement in  
CAT PB case no.655/2010 in which the CAT PB has directed to implement the cabinet resolution  accepting the 6^th CPC report dated 29/08/2008 (which is published in gazette No. 305 dated 29/08/2008 section 1 Part -1.)

The cabinet resolution confers  the  benefits of  fixation of pension of  pre 2006 pensioners as per the pay structure given by 6^th CPC corresponding to the pre revised pay in the pay band  w.e.f.01/01/2006 where by disparity in pension between the pre 2006 & post 2006 pensioners is removed. It also gives the benefit of delinking full pension with 33 years of service w.e.f.29/08/2008. Accordingly those pensioners  who have more than 20 years but  less than 33 years of service will get full pension(50%of basic salary inclusive of grade pay) w.e.f. 29/08/2009 where by disparity in this case is also removed.  This  provision is denied in para 5 of the circular dated 28/01/2013 giving improvement in pension. It is true that most of the pensioners are having more than or equal to 33 years of service but there are few others who have less than 33 years of service .Hence it is requested that pensioners should not plead for implementation of circular dated 28/01/2013 w.e.f.01/01/2006 but should plead for implementation of cabinet resolution OM dated 28/09/2008 w.e.f.01/01/2006 which is the direction of the court judgement in govt appeal 1535 & cat order 655. 
The most favorable part  of this judgement is that a mandamus is issued to UOI  refix the pension of respondents as per cabinet resolution within a period of two months from the date of judgement.

CLICK THIS LINK FOR DELHI HIGH COURT JUDGEMENT

CLICK THIS LINK FOR CABINET RESOLUTION

CLICK THIS LINK FOR PENSION ENHANCEMENT CIRCULAR DATED 28/01/2013

CLICK THIS LINK FOR FITMENT TABLE OF 6th CPC IMPLIMENTATION

GOVT APPEAL DISMISSED BY DELHI HIGH COURT IN PRE- 2006 PENSIONERS CASE

THE CASE WAS HERD TODAY ON 29/04/2013

 AND THE COURT DISMISSED GOVT PETTION

The case Wp(C) 1535/2012 filed by UOI came up for hearing today in Delhi High Court before the bench consisting of Justice Nandrajoga and Justice Kameswar Rao . Pensioners Advocate was personally present during  the  hearing. Apparently the bench had read Pensioners counter and the Affidavit. The futile attempt made by the Govt Advocate to confuse the bench had no impact. It was obvious that the bench was convinced about injustice done to pre 2006 pensioners. The pensioners Advocate got the opportunity to clarify certain points. The court finally dismissed the UOI petition upholding the tribunal verdict.

CLICK THIS LINK TO REFER THE FULL TEXT OF JUDGEMENT

                                                                       

EX-SERVICEMEN STATUS FOR RECRUITS BOARDED OUT WITH DISABILITY PENSION

No. 12(1)2005/D (Res-I)
Government of India
Ministry of Defence
Department of Ex-servicemen Welfare
D (Res-1)

New Delhi, the 18th March, 2013.

OFFICE MEMORANDUM

Subject: Grant of Ex-servicemen status to recruits boarded out on Medical grounds with disability pension.

The undersigned is directed to refer to Office Memorandum of even number dated 01.02.2006 wherein with the approval of Raksha Mantri it was decided that such recruits who were boarded out /released on medical grounds and granted medical/disability pension will also be covered under the category of ‘Ex-servicemen’ for all practical purposes. Reference is also invited to DOP&T Notification No. G.S.R.757 (E) dated 04.10.2012 (published in the Official Gazette on 10.10.2012) wherein ex-recruits boarded out or relieved on medical grounds and granted medical disability pension have been given the status of Ex-servicemen. It has been reported that some Rajya Sainik Boards are not issuing Ex-servicemen cards to such ex-recruits as a result of which ex-recruits are being denied the benefits available to ex-servicemen. Various representations from ex-recruits are being received and court cases have also been filed in this regard.

2.    In this context, DOP&T has also stated that though the said notification is effective from the date of its publication in the Official Gazette i.e. 10.10.2012, the Ministry of Defence has already granted status of Ex-servicemen for all practical purposes to ex-recruits who are boarded out/released on medical grounds and granted medical/disability pension vide OM dated 01.02.2006. Accordingly DOP&T has advised that Ministry of Defence may consider the issue of granting of Ex- servicemen status to such ex-recruits who are boarded out/released on medical grounds and granted medical/disability pension w.e.f. 01.02.2006 prior to the Notification and issue instructions to the Zila Sainik Board to this effect.

3.    The matter has been examined in the Department and, with the approval of the competent authority, it is reiterated that such recruits who were boarded out/released on medical grounds and granted medical/disability pension will be covered under the category of ex-servicemen for all practical purposes as per the OM dated 01.02.2006 w.e.f. 01.02.2006.

4.    KSB/DGR may accordingly take necessary action to grant ESM status to such ex-recruits to avoid further hardships to the ex-recruits and decisions of all court cases in this regard may be complied with immediately. This will enable eligible ESM to avail various facilities available to them.

5. KSB may issue specific instruction to all RSBs/ZSBs to grant ‘Ex-servicemen’ status to such ex-recruits who were boarded out/released on medical grounds and granted medical/disability pension with effect from 01.02.2006. This OM may be uploaded on the official website of DGRJKSB for wide publicity. Compliance report may please be furnished.
This has the approval of the competent authority.

sd/-
(Vineet Saint)
Deputy Secretary (Res-1)