Revision of Pension from 01.01.2006 for Pre-2006 Pensioners – Law Ministry opinion
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
- Granting of legitimate benefits to pre 2006 pensioners as per DoP&T’s 2009 Orders regarding NF Upgradation
- Revision of pension w.e.f. 01/01/2006 of pre-2006 pensioners who retired from the 5th CPC scale
- Disability pension to pre-2006 disability pensioners boarded out from service with less than 10 yrs of qualifying service
- Revision of pension of Pre-01.01.2006 retiree Havildar granted Hony Rank of Nb Subedar
- Revision of Pension of Pre-2006 Pensioners – Supreme Court Judgement
- Revision of pension wef 01.01.2006 of Pre-2006 pensioners retired from 5th CPC scale
- Pension revision of Pre-2006 pensioners who retired from the 5th CPC scale of Rs. 6500-10500/-
- Revision of pension of Pre-2006 pensioners who retired from the 5th CPC scale
- Revision of pension for Pre-2006 pensioners retired from 5th CPC scale of Rs. 6500-10500/-
- Revision of Pension of Pre-96 & Pre-2006 Pensioners – PCDA
Ministry of Law & Justice
Department of Legal Affairs
Dy. No.1295/LS/2014
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 Adviser
08.05.2014
JS & LA (Shri. D. Bhardwaj)
Click here to read the reference topics on Pre-2006 Pensioners
Source: Bharat Pensioners Samaj
Four year ltc may be implemented for retired persons also most of the revnue will be going to gov only as senior citizens wants comforts & spend most of the amount on it.
PENSION RELATED CASES PENDING IN VARIOUS COURTS FOR UNREASONABLY LONG TIME ……
Dozens of petitions of pensioners of banks ( RBI, SBI, Canara, BoB, etc.), Life Insurance Corporation of India and Central Government filed in Ahmedabad, Bombay, Chennai, Rajasthan, Delhi, Haryana & Chandigarh etc. High Courts and in the Supreme Court are pending for long and some petitions for more than ten years.
The Vth CPC had recommended that any Court judgement involving a common policy matter of pay / pension to a group of employees / pensioners, should be extended automatically to similarly placed employees / pensioners without driving every affected individual to the Courts of law. However, the Government had not taken the recommendations in all seriousness it deserves. The pensioners are, therefore, obliged much against their will and capacity, physical and financial, to knock the doors of Justice for relief.
The bureaucrats of both the management and government also indulge in dilatory practices by filing SLPs, Review petitions, Curative petitions against the judgements delivered in favour of the pensioners leading to further delay in deliverance of final justice.
A few months back, the Supreme Court dismissed the Curative petition filed by GOI against the CAT judgement on payment of arrears to the pre- 2006 pensioners from 01–01-2006. But,alas, in a recent development in August 2014 , in its wisdom, the Ministry of Law, GOI has advised the Department of Pension to implement the Apex Court order qua petitioners : to pay arrears from 01-01-2006 only to few petitioners who had approached CAT/filed the cases. The advice of the Ministry of Law, which is in utter disregard to other similarly placed pre 2006 affected pensioners, is illogical and violative of Article 14 of the Constitution of India.
It is rather possible that the Legal Pandits of GOI and LIC had prevailed for depositing in the High Cours, the ‘ amount due’ to qua petitioners. This is blatant adamancy of the Legal Pandits of GOI and LIC to throttle the Constitutional Provisions. All the LIC pensioners should get 100% DR and periodic updating of pension.
The VII th CPC may be requested to reiterate the Vth CPC recommendations as aforesaid and the GOI should in all earnest accept them. It would surely go a long way toward Indian-legal system / jurisprudence and help avoid criminal waste of valuable time of the already overburdened Courts, loss of money and harassment suffered by the pensioners.
SN ( a 1992 pensioner )
( From Sources )