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Revision of Pre-2006 Pension with effect from 01.01.2006 – Bharat Pensioners Samaj writes to Minister of Personnel and Pensions
With regard to Principal CAT Order dated 01.11.2011 for revising Pre-2006 Pension with effect from 1st January 2006, contrary to Government’s decision to grant revision of Pre-2006 Pension from September 2012, Bharat Pensioners Samaj has written to Minister of State for Personnel, PG and Pensions Ministry. It is reported that Department of Pension and Pensioners welfare has taken a decision implementing the said judgement to implement it to the petitioners of the said case only, instead of revising Pension to all Pre-2006 Pensioners. The contention of Pre-2006 Pensioners is that the said order can not be considered as order In Personam as the same has been confirmed by Hon’ble High Court. Further the judgement has attained finality by virtue of Hon’ble Supreme Court’s decision to dismiss the SLP, Revision Applicaiton and as well as curatiive petitions filed by Department against the order of Hon’ble High Court.
Text of letter dated 07.07.2014 addressed to MOS by Bharat Pensioners Samaj
BHARAT PENSIONER SAMAJ(All India Federation of Pensioner’s Associations)New Delhi – 110014
No SG/MOS PP/014/2Dated: 07/07/2014
Honerable MOS (PP)
GOI. M/O Personnel,PG & Pensions
Subject: Payment of arrears of pension for the period 1-1-2006 to 23-9-2012
Honorable Minister Sir.Kindly stop driving every affected individual pensioner to the Courts of law. instead extended automatically to similarly placed pensioners Court Judgment confirmed or delivered by the Apex Court as was recommended by 5th CPC also vide their Para 126.5.Sir. with reference to then MOS (P) answer dated 12.02.2014 in Lok Sabha to UNSTARRED QUESTION NO 3406 regarding PAYMENT OF ARREARS TO PENSIONERS your kind attention is drawn to the facts that Principal CAT order dated 1. l l .2011 in OA No.655/2010 quashed clarificatory OM dated 03.10.2008 and directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006. based on the Resolution dated 29.08.2008. While dismissing WP (C) No. 1535/2012 of UOI on 29-4-2013. Hon’ble Delhi High Court upheld the verdict of the CAT-PB. Dismissing SLP (C) No.23055/2013 filed by UOI against the judgement of Hon’ble Delhi High on 29-7-2013 and then Review Petition (C) No.2492/2013 on 12-11-2013 and finally Curative Petition (C) No. 126/2014 on 30-4-2014, Hon’ble Supreme Court upheld the Judgment of the Hon’ble Delhi High Court. With this CAT verdict dated 1-11-2011. referred to, has attained legal finality,But unfortunately instead of implementing the said judgement in letter & spirit of all pre 2006 Pensioners DOP & PW going against the judgement. has taken a decision to implement it qua petitioners.Sir. as is admitted in the answer to Lok Sabha unstarred Q.No 3406 Honerable CAT -PB order under reference has already been implemented from an arbitrary date 24.09.2012. Thus in all legality the arrears w.e.f. 01 .01 .2006 too should he paid to all & not only to a small section of pensioners who could afford to go to the Court of law.
Sir, Bharat Pensioners Samaj in its capacity as the largest & oldest organization of C.G. Pensioners over 550 Pensioners Associations affiliated/associated to it, appeal to you to ensure correct delivery of justice by implementing the judgement under reference to all pre 2006 pensioner so that other affected Pensioners in the evening of their live are not pushed to seek justice from court of law.
We are also request you to permit inclusion of this issue in the Agenda of 25th SCOVA meeting Sheduled to be held under your Chairmanship on 24th of July 2014.
Thanking you in anticipation
sd/- dated 06.07.2014
Secy. Genl. Bharat Pensioners Samaj
Source: Bharat Pensioners Samaj