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.

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

GOI WANTS TO BUY TIME TILL GENERAL ELECTION

Respected elders,
 Reports from ministry of finance & department of pension indicates that the GOI wants to buy time by filing another SLP in supreme court against pre-2006 pensioners .The main contention of the SLP is  on the the inability of the GOI to implement the court order due to huge financial implication. The GOI is learn t to have obtained legal opinion for the same.Their main aim of this move is to buy time till the the govt machinery is put on election mode by election commission. When the contempt petition is expected to come up for hearing in CAT PB on 25/09/2013, they are likely to  repeat the above excuse. All the pensioners associations are requested to rise to the occasion & thwart this move of the GOI.Here it is worthwhile  to mention that lakes of cores of rupees can be lost on scams like coal gate ,chopper gate& 2G  but alas.......GOI has no money for paying  few hundreds of cores of rupees to pre-2006 pensioners as ordered by court.

INJUSTICE DONE TO MIDDLE RANK PBOR IN DEFENCE FORCES BY 6th CPC

Sergeants(group-x) in IAF, petty officers  in NAVY & havildars in ARMY who were placed in the 5000 scale by 5th CPC was placed in the PB-1 scale by 6TH CPC and the government did not  intervened to improve it as done in case of HAG scale of central govt employees. All central govt employees except defence forces who where placed in the basic scale of 5000 by 5th CPC was brought in to PB-2 .This is a clear case of discrimination against the middle ranks in the PBOR of defence forces and this anomaly is to rectified.

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.