7th CPC CONSTITUTED

The government constituted the Seventh Central Pay Commission under the 

chairmanship of retired Supreme Court 

judge Ashok Kumar Mathur to review

 the salaries of over 5 million employees.

The panel will submit its report in two years and the recommendations would be

implemented from January 1, 2016, a Finance Ministry statement said.Prime Minister 

Manmohan Singh has approved the composition of the Commission that has 

one full-time and one part-time member, besides the chairman, the statement added.

Petroleum and Natural Gas Secretary Vivek Rae has been appointed a full-time member, while National Institute of Public Finance 

and Policy director Rathin Roy is a part- 

time member. Meena Agarwal, an officer on special duty in the finance  ministry's expenditure department, has been appointed the Commission's secretary.

HEARING OF 3 SLP'S FILED BY UOI AGAIN ADJOURNED

Hearing of 3SLP'S (C)   36148-50/2013 filed by UOI in supreme court regarding modified parity to pre-2006 pensioners which is listed to be heard on 04/02/2014 is now adjourned to 22/04/2014

GOI TO FILE CURATIVE PETITION IN SC REG: MODIFIED PARITY TO PRE-2006 PENSIONERS

The review petition 2492/2013 filed by UOI in supreme court against the DHC judgement was dismissed . However, in a related matter  SLP (C) 36148-50/2013 filed by UOI in the SC against Delhi high cort order dt 29/04/2013 in WPs NO 2348-50/20`12  is listed for hearing on 04/02/2014.The matter being similar, based on the advice of of law ministry, the department is taking action for filing curative petition in SC against dismissed review petition.
The information was given under RTI to Sh .V.Natrajan, vide RTI NO 38/7/2014-P&W(A) DT 24th JAN 2014.

CENTRAL GOVT EMPLOYEES ON STRIKE DEMANDING DA MERGER & OTHER ISSUES

The Confederation of Central Government Employees and Workers has called for a countrywide stir on February 12 and 13 to highlight their demands.
The conferderation had urged the Central government employees to participate in the 48-hour stir. The major demands put forth by the confederation include merging dearness in basic salary, regularisation of temporary employees, review of salary allowances and other.
Regional president of the confederation RN Parashar addressed two gatherings, one at Rail Mail Service (RMS) on Cantt side of the railway station and other at GPO on Bada Chauraha. Parashar said that the national president of the confederation KKN Kutti and national general secretary M Krishnan had urged the Centre to accept their demands while staging demonstration on January 9 at Jantar Mantar in Delhi.
On January 10, the decision was reached to hold a two-day stir in which the employees of railways and defence establishments were also urged to join.
He mentioned that on Wednesday, the employees of Income Tax department, postal department and others will be urged to participate in the stir.

CONTEMPT PETITION IN CAT PB ADJOURNED

Dear Friends,
The contempt  petition CP 158/2012 which is listed to be heard in CAT PB on 15/12/2014 stands adjourned to 12/02/2014. Hence it is obvious that the CAT PB doesn't want to take up this contempt petition before supreme court takes a decision in the 3SLP'S filed by UOI.

PRE-2006 PENSIONERS CASE A REVIEW

The UOI  filed  appeal WP(c) 1535/2012in DHC against judgement by CAT PB in modified parity case of pre-2006 pensioners  in OA 655/2010.This appeal was heard  by DHC along with three other appeal  WP(C) 2348-50/2012   filed by UOI  against CAT judgement conferring full parity to pre-2006 pensioners. The judgements in above four cases were delivered together dismissing all the four appeals & conferred full parity in all the cases. 

The UOI preferred an SLP 23055/2013 in SC against the dismissal of its appeal WP(c) 1535/2012 by DHC & did not file appeal in SC in respect of other three cases (WP(C) 2348-50/2012)  & the SC dismissed the SLP 23055/2013. The UOI again made a last attempt by filing a review petition RP(C) 2492/2013 in SC against the dismissal of SLP 3055/2012.

The review petition also stands dismissed. The UOI has now left with no ammunition in their gun to fire against judgement in OA 655/2010 by CAT PB. Hence this judgement has been able to withstand the entire judicial scrutiny available in the country. Now it is awaiting a judicial contempt & administrative remedy.

The UOI has again  up on their foot with another 3 SLP’S  SLP(C) CC18339-41/2013 in SC against the  dismissal of the left over three appeal  WP(C) 2348-50/2012 by DHC. These appeals are coming for hearing again on 04/02/2014 for admission since argument on earlier occasion could not be concluded. Ironically the SC has granted stay on proceeding with contempt proceedings either in CAT or in DHC for implementation of the judgement by DHC in above three cases (WP(C) 2348-50/2012).

Even though the UOI has left with no arrows in their quiver, still  attempt to throw the empty quiver itself on the pensioners. There is no doubt that these SLP’S will also meet with same fate as earlier one.

GOVERNMENT OF INDIA

MINISTRY OF  PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS

RAJYA SABHA

UNSTARRED QUESTION NO-846 By
Shri BALWINDER SINGH BHUNDAR

Benefits of Sixth Pay Commission to retirees: Govt reply in Rajya Sabha

The orders for implementation of the decision taken by the Government on the recommendations of 6th CPC for revision for pension of past pensioners were issued vide this Department’s Office Memorandum(OM) dated 1.9.2008. The provisions of Para 4.2 of this OM were clarified vide this Department’s letter dated 3.10.2008.

The Central Administrative Tribunal, Principal Bench, New Delhi in its order dated 1.11.2011 observed that by the OM dated 3.10.2008 the original orders of 1.9.2008 have been modified. Hon’ble CAT directed that the past pensioners may be granted, w.e.f. 1.1.2006, a minimum pension @ 50% of the minimum pay corresponding to the pre-revised pay scale with reference to the fitment table applicable for revision of pay of serving employees.

 Writ Petitions were filed in the Hon’ble High Court of Delhi challenging the above mentioned order.

 In its order dated 29.4.2013, the Hon’ble Delhi High Court has upheld the order dated 1.11.2011. After considering the order of Hon’ble High Court of Delhi and various representations received in this regard, Special Leave Petition was filed by the Department of Pension and Pensioners’ Welfare in the Hon’ble Supreme Court of India.

 Department of Pension & Pensioners’ Welfare filed an SLP in the Hon’ble Supreme Court against this order. This SLP came up for hearing on 29.7.2013 and was dismissed and the Review Petition was also dismissed.

Union of India has also filed SLP against the order dated 29.4.2013 in Writ Petitions No.2348/2012, 2349/2012 and 2350/2012 in the Hon’ble Supreme Court which came up for hearing on 19.11.2013. The Hon’ble Supreme Court directed to list the SLP alongwith CA No.8875-8876 of 2011 filed by Ministry of Defence and is now listed for hearing on 4.2.2014. The matter is therefore sub-judice.