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.

CONTEMPT PETITION IN CAT PB ADJOURNED

Dear friends,
The contempt petition No. 158/2012 filed  in CAT PB for non-implementation of it's  judgement in pre-2006 pensioners case 655/2010 which was listed to be heard on 18/12/2013 is again ADJOURNED  to 15/01/2014.It seems justice is again delayed to many of us & indeed denied to some of us.

6TH CPC RECOMMENDATION A REVIEW

Let us examine the of implementation of 6thCPC recommendation as applicable to pre2006 pensioners. After the submission of report by the 6th CPC, UOI adopted the following formulae for the revision of pension of pre-2006 retirees and revision of pay of those who were in service as on 1.1.2006.                                                                           

1. Revised Pension ::         =2.26×pre-revised pension
                                           =1.86×pre-revised pension +0.40×pre-revised pension
                                                   
                                          =1.86×pre-revised pension+40% of pre-revised
                                                       pension (I am putting this 40%="A")

2.Revised Pay                   = 1.86×pre-revised basic pay( rounded off to next
                                                  next higher multiple of 10) +G.P. as modified by UOI.

                                                 (Where-ever pay band and G.P. was applicable)

                  

3.Formula adopted by 6thCPC for determination of G.P.
 G.P.= 40%  of maximum of  pre-revised pay scale="B" If we compare "A" and  "B", formula adopted by 6thCPC appears quite reasonable. But actually, 6th C P C recommended G.P.s which was in excess of 40% of maximum of pre-revised pay scales in all the scales from S-18 to S-30. (Exception was scale S-21 i.e. 12000-16500, where recommended G.P. was exactly 40% of maximum of scale, i.e.40% of (6500=6600) Thus ,we find that G.P.s recommended  by 6th CPC were already more than 40% of maximum of  pre-revised pay scale ( S-21 as pointed out  above was an exception), still UOI enhanced these G.P.s  beyond what was  recommended by 6th CPC.(There was only one scale  S- 23, where it maintained the G.P. recommended by 6th C P C  )Here it is important to note that  at this point in time UOI was not aware of the proper interpretation of Para 5.1.47. The interpretation which it had visualised, according to that it concluded that enhancement in G.P.s will not result in any increase in the revised pension of pr-2006 retirees. Hence UOI without any justification, and caring for any additional financial burden/implication, enhanced the G.P.s beyond the recommendation of 6^th CPC. Their argument for additional financial burden/ financial constraints is only limited to pre-2006 pensioners which is deplorable.
                                            
 It is only when the question of payment  of arrears and re-fixation of pension  of pre-2006 pensioners comes , the same UOI which enhanced the G.P.s without any justification and  caring for financial constraints, puts  financial constraints as a stumbling block  in the rectification  of pension & payment of arrears to  pre-2006 retirees.
Pre-2006 pensioners are passing through very hard times & some of us might be banking upon the early payment of arrears so that they could discharge their responsibilities which will give away their worries in the last leg of their life.  We are not begging & asking for neither alms nor charity, let us keep our heads high. We are demanding  what is rightfully bestowed on us by the  6th CPC and duly  accepted by UOI in Cabinet meeting.

An article by

Mr.Faqir Chand

VIEWS EXPRESSED BY MEMBERS ON CONTEMPT PROCEEDINGS

It Seems that there is no ground on which  UOI can now challenge the verdict of CAT-PB  in OA  0655 since it  has lost its appeal twice in the Apex Court by the dismissal of SLP and RP.  I do not think the Apex Court will give any further reprieve for UOI by giving another chance for hearing in this particular case. The Contempt proceeding relates to non-implementation of judgement in the above case which in fact is the non-implementation of the 6th CPC recommendation duly accepted by UOI in cabinet meeting . The question of enunciation of modified parity even if it is the contention any of the three SLPs, can in no way put any hurdle in contempt proceedings. In fact, CAT has not given any thing new but has pointed out that this particular recommendation  ( which  tent amounts to application of full parity  in fixation  of pension of  pre-2006 retirees) was not understood properly by the concerned officials and  CAT has asked them to implement this  in its proper sense. The interpretation given by CAT has been upheld by Delhi High Court and twice by The Apex Court. In my opinion this case cannot be reopened under any circumstances and enunciation of modified parity, if it is there, can be of academic interest only. However, it is likely that UOI may try their level best for adjournment on some other pretext.
There was an apprehension on our part that CAT awarded full parity where as demand by pensioners was for modified one, therefore contempt proceedings will be contested by UOI. This contention also does not exist now since full parity award by CAT has stood judicial scrutiny.

  Mr.FAQIR CHAND
 (An active member of this blog)

3 SLP'S FILED BY UOI WILL BE HEARD ON 04/02/2014

THE THREE SLP'S - SLP(civil) 36148-50/2013 FILED BY UOI IN SUPREME COURT  IS LISTED FOR  ADMISSION  HEARING ON 04/02/2014. THIS IS  FILED FOR  RESTORATION  MINIMUM PENSION TO PRE-2006 PENSIONERS AS PER  6th CPC RECOMMENDATION(AS INTERPRETED BY UOI WHICH HAS ALREADY  BEEN STRUCK DOWN BY CAT PB , CONCURRED BY DELHI HIGH COURT & REFUSED TO BE HEARD BY SUPREME COURT).

CONTEMPT PETITION IN CAT PB ADJOURNED

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

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 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

     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.

                 .,J.

        (SURINDER SINGH NIJJAR)

                  ,J.

   (FAKKIR MOHAMED IBRAHIM KALIFULLA)

NEW DELHI

NOVEMBER 12, 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.