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

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 5^th 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 5^th 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 6^th CPC.

It means a pre2006 employee retired in 5^th 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 8^th stage of his increment & retired with a basic pay of 9500. His fitment  in 8^th stage of  6^th 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.

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.