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Friday, 18 September 2015

Full Pension on less than 30 years & more than 20 years of Qualifying Service for Pre-2006 pensioners

FULL PENSION FOR THOSE WITH LESS THAN 30 YEARS but MORE THAN 20 YEARS QS
In view of the fact that review Petition filed by UOI RP (C) NO. 2565/2015 in SLP (C) No. 6567/2015 UOI Vs M.O. Inasu dismissed by HSC on 28.8.2015, and Following file notings of DOPW (obtained under RTI) let us hope DOP&PW will now issue necessary instructions extending benefit of full min. pension to all pre 2006 pensioners irrespective of Q.S. rendered.
The extract from the File Noting obtained from DOP&PW under RTI ACT, on pro rata pension matter.
Extract from File Noting of DOP&PW OM 30.7.2015 obtained under RTIA:
12. It may be mentioned that in its order dated 22.1.2013 and 16.8.2013 in OA No. 715/2012 and OA No. 1015/2012 respectively, Hon’ CAT Ernakulam Bench directed that the revised pension fixed in terms of para 4.2 of OM dt. 1.9.2008 would not be reduced pro rata in cases where the qualifying service of a pre 2006 pensioner was less than 33 yrs. This order of Hon CAT was challenged by D/o Revenue in the H.C. of Kerala in OP(CAT) No. 4/2012 and No. 8/2012. Hon’ H.C. of Kerala dismissed the Op(CAT) No. 4/2012 and No. 8/2012 vide order dt. 7.1.2014. The SLP filed by the Dept. of Revenue against the order dt. 7.1.2014 has also been dismissed by Hon’ S/C. in its order dated 20.2.2015. Learned ASG, Sjri P.S.Narsimha has advised to file a Review Petition. The concerned file is presently with MOL(CA Section) and Ms. Rekha Pandey, Adv. is drafting the RP.
13. As already mentioned above, in the order dt. 29.4.2013 of Hon HC of Delhi in WP No. 1535/2012, it was observed that the only issue which survived was, with ref. to para 9 of OM dt. 28.1.2013 which makes it applicable from 24.9.2012 instead of 1.1.2006. In view of this observation of the Hon H.C. of Delhi, we may issue orders for giving effect to the OM dated 28.1.2013 w.e.f. 1.1.2006 instead of 24.9.2012. The question whether or not the revised pension in terms of OM 28.1.2013 would be reduced proportionally would be examined once the order of the Hon S.C. in the RP to be filed against dismissal of SLP 21044/2014 is available ( para 12 above)
( emphasis added)
Sd. 
S.K. Makkar US
17.4.2015
Noting of Secy(P)
6. Thus the court ruling has become law of the land
7. Given the fact the review/curative petition in the same matter has once been dismissed by Hon. Apex Court, as also the fact that Civil Appeal of Ministry of Defence with which the SLPs in question got tagged, has also failed, there is no chance that a review petition may yield a different result. On the other hand this will not only engage the govt. machinery in uncessary litigation but will also result in attendant avoidable expenditure. ( emphasis added)
Sd. 
Alok Rawat Secy/ Pension
22.4.2015


Hon MOS(PP) 
Sd. 
7.5.2015 

11 comments:

  1. A straight forward pay commission report and accepted resolution by GOI on this subject was wrongly interrupted by administrative machinery due to feeling of jealousy and took eight years to get it corrected the way it was required by the honorable court judgment.People responsible are scotfree.

    ReplyDelete
  2. Such scotfree bureaucrats to be booked at the earliest, further they should be accountable for their Action and inaction.

    Lenity

    ReplyDelete
  3. I retired from the Army on 5 Jan 1980 after 16 years service as Hav (Gp B) with Rs 175/- pension. My pension was raised gradually and fixed at Rs 3729/- wef 1.1.2006, revised as Rs 4837/- wef 1.7.2009 further increased to Rs 5531/- wef 24.9.2012. PCDA(P) cir 547 and clarified in Cir 549 not clear to me whether I will be getting pension arrears from 1.1.2006 to 23.9.2012, if so how much. Please be kind and enlighten me in this regard for I shall be very thankful.

    ReplyDelete
  4. I have served in the Railway for 22 years and one month and retired as Head Clerk in scale 5000-150-8000on 30 Apr 2004. My pension was sanctioned as Rs 3333/- which has been revised as Rs 5022/-. As per CAT judgement I am eligible to receive pension of Rs 6750/- and receive arrears from 1.1.2006 to date. Kindly illustrate me if my contents are correct.

    ReplyDelete
  5. As already ststed I am one of the victim who require remedial measure to correct my pension otherwise I will be at a loss in the 7th cpc. I urge the concerned authority to take immediate remedial measures.

    ReplyDelete
  6. Sir. What is the actual position/status of the noting of Secy/Pension on the issue of full pension to pre 2006 retirees who have completed more than 20 yrs but less than 33 yrs.

    ReplyDelete
  7. I believe the file noting has become food for the turmites

    ReplyDelete
  8. Iyt is learnt that file has ben sent to Finance Ministry DE for approval on 7.9.2015. Though more than 4 monhs are passed but we do not know whether the file is recd. back from the Finance ministry. DOPT should once again remind to finance ministry to expedite their approval as poor aged pensioners are suffering and mentally worried about the implementation of the judgments of apex court. It is requested to our association leaders to give it vide publicity how the things are going on. We have taken so much efforts to implement the recommendations of the cpc duly approved by the cabinet, and for that also since last five years we are demanding from the govt. to implement their own decision inspite of the fact that even courts including apex court have given their decision to implement the judgment within 4 months, even then the govt. has not implemented the judgment of he apex court though considerable time has passed even afte r the completion of the target time allowed by HSC. We should take vigourous efforts for publicity on the media forum and in the parliament.
    Ishwarlal

    ReplyDelete
  9. As government has agreed to implement the CAT judgement within one month it is a great relief to those victims who are drawing pro rata pension for ten years. I whole heartedly thanks all those who were fighting for the same.

    ReplyDelete
  10. As government has informed the court on contempt petition that CAT judgement will be implemented with in one month we are relaxed now as it is expected before implementation of 7th cpc. It is a great achievement of organisations who were fighting the same.

    ReplyDelete
  11. It is unfortunate that no government orders for implementation of CAT judgement is issued and next date of hearing of contempt of court case is only on 31.3.2016. The government has to face the consequences in the court.

    ReplyDelete

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