Revision of Pension from 01.01.2006 for Pre-2006 Pensioners – Law Ministry opined that Govt has no alternative but to implement the order passed by the CAT, which was upheld by the highest Court of the land
However, as per DOPT Office Memorandum 38/37/08-P&PW(A) dated 26.08.2014 Government submitted before CAT, Delhi to the effect that Ministry of Law advised to implement CAT Order to Petitioners only
Check the following links to get the details of Court Cases relating to Revision of Pension of Pre-2006 Pensioners from 01.01.2006
- 7th Pay Commission Pension – 3rd Option suggested by Dept Side welcomed by Staff Side
- 7th CPC recommendation – Pre-2016 pensioners Pay determination
- Delinking of service for pension – Pre-2006 pensioners in the rank of JCOs/ ORs and Commissioned Officers)
- Revision of Enhanced Rate of Ordinary Family Pension in respect of Pre-2006 Armed Forces Pensioners
- Defence Pension qualifying Service for JCO / OR and commissioned officers relaxed
- 7th Pay Commission Pension for Pre-2016 Railway Pensioners – Railway Board Order
- Revision of Casualty Pensionary awards in respect of Pre-2006 Armed Forces Pensioners
- Revision of Disability Pension and family Pension of Pre-2006 Pensioners
- Immediate settlement of Pending revision of pre-2006 pension cases in view of the impending 7th CPC Pension Revision.
- Revision of Service Element of Liberalized Disability Pension for Pre-2006 Pensioners
Ministry of Law & JusticeDepartment of Legal Affairs
F. No. 38/77-A/09-P&PW (Vol.II)
D/o Pension & Pensioners Welfare has referred this file to examine on the following issues:(i) The Curative Petition filed in respect of OA No. 655/2010WP(C) No. 1535/2012/SLP (c) No. 23055/2013/Review Petition No. 2492/13 has been dismissed by a Five Member Bench of the Hon’ble Supreme Court headed by Chief Justice of India. Therefore, we may implement the CAT/High-Court order in respect of petitioners only subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition. The implementation of CAT order will be subject to the clarification sought from the CAT and mentioned in Para 2 above.
(ii) We may implement the CAT order in respect of all pre-2006 pensioners subject to the final outcome of the pending SLP No. 36148-50/2013.
(iii) Although the Curative Petition has been dismissed. we may await the outcome of SLP No. 36148-50/2013 before deciding on the question of implementation of CAT order, subject to acceptance of this option by the CAT, Principal Bench in the pending Contempt Petition.2. It is the case of Department of Pension that the order dated 1/11/2011 (Flag B) passed by CAT in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association v/s UOI and Ors. had acquired its finality consequent to dismissal of Writ Petition (C) No.1535/2012 titled as Union of India and Anr. v/s Central Government SAG Pensioners’ Association and Ors. by the High Court vide its order dated 29/412013 (Flag F). dismissal of SLP No.23055/2013 by the Apex Court on 29/7/2013 (Flag G). dismissal of Review Petition No.2492/2013 by the Apex Court on 12/11/2013 and dismissal of Curative Petition (C) No.126/2013 by the Apex Court vide its order dated 30/4/2014 (Flag K). In these circumstances it is stated that order of tribunal passed in OA No.655/2010 in the case of Central Government SAG Pensioners’ Association (SUPRA) acquires its finality. It is also mentioned in the reference note that a Contempt Petition for implementation of CAT order dated 1/11/2011 is pending before the tribunal and is fixed for 15/5/2014.
3. In other matters wherein the Department have filed SLPs before the Apex Court against the orders of the tribunal and the High Court and those SLPs are still pending and the Hon’ble Supreme Court had recorded the statement given by the Counsel of Respondents that ‘they shall not precipitate the matter by filing contempt proceedings either before the High Court or before the Tribunal’ in its order dated 19/11/2013 (Flag I). In these circumstances there is no possibility for filing any contempt against the Department.
4. Having exhausted all the possible available remedies. the Govt. is left with no other alternative but to implement the order passed by the CAT, which has been upheld by the highest Court of the land. In so far as the pending SLPs are concerned, there may not be any objection in awaiting the final outcome of the cases before taking a final decision.
May kindly see.(R.S. Verrma)Deputy Legal Adviser08.05.2014
JS & LA (Shri. D. Bhardwaj)
Source: Bharat Pensioners Samaj