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.