PRE2006 PENSIONERS CONTEMPT PETITION NO. CP 158/2012 , FIELD AGAINST NON-IMPLEMENTATION OF CAT PB JUDGEMENT BY UOI IN OA 655/2010, WHICH IS LISTED TO BE HEARD ON 27/11/2013 IS ADJOURNED & THE NEXT DATE OF HEARING IS ON 18/12/2013
FLASH
FLASH
Tuesday 26 November 2013
CONTEMPT PETITION IN CAT PB ADJOURNED
Thursday 21 November 2013
SUPREME COURT ISSUES NOTICE TO PENSIONERS IN THREE SEPARATE SLP'S FILED BY UOI
SUPREME COURT ISSUED NOTICES TO RESPONDENTS (PENSIONERS ) IN 3 SLP FILED BY UOI ON 19/11/2013 AGAINST THE JUDGEMENT OF CAT PB & DELHI HIGH COURT.
THE SLP'S ARE IN THE ADMISSION STAGE & NOTICES HAVE BEEN SENT TO THE RESPONDENTS. THE DATE OF HEARING WILL BE ANNOUNCED SHORTLY AFTER THE REPLY TO NOTICES ARE RECEIVED BY THE COURT.THESE SLP'S ARE ALSO LIKELY TO MEET WITH THE SAME FATE AS THAT OF REVIEW PETITION.THERE IS NO DOUBT THAT SUPREME MIGHT HAVE FED UP WITH UOI. HOWEVER THERE IS NO PLACE FOR ANY DISAPPOINTMENT SINCE THIS WON'T AFFECT THE CONTEMPT PETITION WHICH IS COMING UP FOR HEARING IN CAT PB ON 15/01/2014.
THE SLP'S ARE IN THE ADMISSION STAGE & NOTICES HAVE BEEN SENT TO THE RESPONDENTS. THE DATE OF HEARING WILL BE ANNOUNCED SHORTLY AFTER THE REPLY TO NOTICES ARE RECEIVED BY THE COURT.THESE SLP'S ARE ALSO LIKELY TO MEET WITH THE SAME FATE AS THAT OF REVIEW PETITION.THERE IS NO DOUBT THAT SUPREME MIGHT HAVE FED UP WITH UOI. HOWEVER THERE IS NO PLACE FOR ANY DISAPPOINTMENT SINCE THIS WON'T AFFECT THE CONTEMPT PETITION WHICH IS COMING UP FOR HEARING IN CAT PB ON 15/01/2014.
Wednesday 13 November 2013
THE REVIEW PETITION FILED BY UOI IN SUPREME COURT IS DISMISSED
The review petition RP(civil) 2492/2013 filed by UOI in SUPREME COURT against the dismissal of SLP(c) 23055/2013 is again dismissed as there is no fresh case is made out to review the order dated 29th July 2013.The judgement is reproduced below.
IN THE SUPREME COURT OF INDIA
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
REVIEW PETITION (CIVIL) NO.2492 OF 2013
IN
SPECIAL LEAVE PETITION (CIVIL) NO.23055 OF 2013
U.O.I. & ANR...PETITIONERS
VERSUS
CENTRAL GOVT. SAG (S-29) &ANR....RESPONDENTS
ORDER
This Review Petition has been filed against
order, dated 29thJuly, 2013, whereby the Special
Leave Petition was dismissed.
Delay condoned.
Prayer for oral hearing is rejected.
We have perused the Review Petition as well as
the grounds in support of the Review Petition. In
our opinion, no case for review of order, dated
29thJuly, 2013, is made out. Consequently,
the review petition is dismissed.
the review petition is dismissed.
.,J.
(SURINDER SINGH NIJJAR)
,J.
(FAKKIR MOHAMED IBRAHIM KALIFULLA)
NEW DELHI
NOVEMBER 12, 2013
Saturday 2 November 2013
HEARING OF SLP FILED BY UOI FOR ADMISSION DEFERRED BY TWO WEEKS
The review petition filed by UOI against CAT PB judgement in OA 655/2010 & DELHI HIGH COURT judgement WP(civil) 1535/2012 in SUPREME COURT is listed to be heard on 12/11/2013.
The fresh SLP in pre2006 pensioners
case filed by UOI against CAT PB & DELHI HIGH COURT JUDGEMENT IN SUPREME COURT , which is listed to be heard on 01/11/2013 is now deferred by two weeks & the next date of hearing will be on 15/11/2013.
The fresh SLP in pre2006 pensioners
case filed by UOI against CAT PB & DELHI HIGH COURT JUDGEMENT IN SUPREME COURT , which is listed to be heard on 01/11/2013 is now deferred by two weeks & the next date of hearing will be on 15/11/2013.
Thursday 10 October 2013
CONTEMPT PETITION IN CAT LATEST NEWS
CONTEMPT PETITION IN CAT PB NEW DELHI IS ADJOURNED TO 27/11/2013, SINCE UOI FILED SLP IN SUPREME COURT WHICH IS COMING FOR ADMISSION HEARING ON 01/11/2013.THE GOI COUNSEL ARGUED IN THE COURT TO KEEP CONTEMPT PROCEEDINGS IN ABEYANCE TILL SLP IS DECIDED BY SUPREME COURT.THE COURT DID NOT AGREED TO THIS PLEA. THE FULL BENCH OF THE COURT ISSUED NOTICES TO DOP & MOF(E).
IT IS TO BE BORNE IN MIND THAT SIMILAR PETITION WAS DISMISSED BY SUPREME COURT EARLIER & WE HOPE THAT THIS SLP WILL ALSO MEET WITH THE SAME FATE. .LE T US WAIT FOR THE FINAL HEARING ON 27/11/2013
IT IS TO BE BORNE IN MIND THAT SIMILAR PETITION WAS DISMISSED BY SUPREME COURT EARLIER & WE HOPE THAT THIS SLP WILL ALSO MEET WITH THE SAME FATE. .LE T US WAIT FOR THE FINAL HEARING ON 27/11/2013
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30 Minutes: one rank one pension
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On '30 Minutes' we look at the difference in pension between pre-1969
retire and post 2006 retire in the Army.
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30 Minutes: one rank one pension
CNN-IBN | Jul 17, 2011 at 12:59pm
On '30 Minutes' we look at the difference in pension between pre-1969
retire and post 2006 retire in the Army.
IBNLive308 IBNLive 29
Related Latest Popular
Modi summons DGP for update on sexual assault case against Asaram
Modi summons DGP for update on sexual assault case against Asaram
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ibnlive » Video
30 Minutes: one rank one pension
CNN-IBN | Jul 17, 2011 at 12:59pm
On '30 Minutes' we look at the difference in pension between pre-1969
retire and post 2006 retire in the Army.
IBNLive308 IBNLive 29
Related Latest Popular
Modi summons DGP for update on sexual assault case against Asaram
Modi summons DGP for update on sexual assault case against Asaram
NGO takes widows from Vrindavan to Kolkata for Durga Puja
NGO takes widows from Vrindavan to Kolkata for Durga Puja
Ahmedabad police look to get Asaram's custody, Narayan Sai absconding
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the CNN logo are registered marks of Cable News Network, LP LLLP,
displayed with permission. Use of the CNN name and/or logo on or as part
of CNN-IBN does not derogate from the intellectual property rights of
Cable News Network in respect of them.
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Wednesday 2 October 2013
CAT PB DIRECTS UOI TO PAY 50% PENSION TO PRE 2006 PENSIONERS WITH 20 YEARS OF SERVICE OR MORE IN OA 2461/2012
Tuesday 1 October 2013
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
5th 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 5th 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 6th
CPC.
It means a pre2006 employee
retired in 5th 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 8th stage of his increment
& retired with a basic pay of 9500. His fitment in 8th stage of 6th 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.
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