Revision of Pension of Pre-2006 Pensioners from Jan 2006 – Curative Petition Dismissed

Revision of Pension of Pre-2006 Pensioners with effect from 1st January 2006 – Curative Petition before Hon’ble Supreme Court dismissed

Pre-2006 Pensioners have won another legal battle to get revised Pensionary benefits with effect from 01.01.2006 based on a Concordance table similar to the 6th CPC recvised pay scales.

The Curative Petition filed by Government before Hon’ble Supreme Court against the dismissal of Review Petition by the Apex Court, has been disbmissed by Hon’ble Supreme Court.

The background of this issue is as follows

After a long legal battle, Government accepted to revise penion of Pre-2006 Pensioners as per the Concordance table with effect from 24.09.2012

(Click here for Department of Pension and Pensioners’ Welfare Office Memorandum F.No:38/37/08-P&PW(A) dated 28.01.2013).

However, Pre-2006 Pensioners had challenged this revision which was found to be contrary to legal remedy obtained by them to the effect that revised pensionary benefits to be granted with effect from 1st January 2006.

Click here to check the complete details of Pre-2006 Pensioners demand and Government’s decision

Click here to check the the details of decisions taken by CAT, High Court and Hon’ble Supreme Court in the revision of Pension of Pre-2006 Pensioners

Brief of subsequent legal issues on Pre-2006 revised pension in various courts

In order to get revised pensionary benefits with effect from 1.1.2006, Pre-2006 Pensioners approached Central Administrative Tribunal again which issued suitable orders to Governement to revise the pension with effect from 1.1.2006. This order was challenged by Government before Hon’ble High Court. However, CAT’s decision was once again upheld by Hon’ble High Court. Government had filed a SLP before Hon’ble Supreme Court against the order of High Court. This SLP was dismissed by Apex Court in the initial stage itslef. This dismissal order of Apex Court was sought to be reviewed by filing Review Petition. The Review Petition was also dismissed by Hon’ble Supreme Court.

All these legal battles that had been decided in favour of Pre-2006 Pensioners have proven that it is a genuine case of Pre-2006 Penioners to set right the anomaly in fixation of Pension as per implementation of 6th CPC report between Pre-2006 Pensioners and Post-2006 Pensioners. However, Government was not ready to accept these decisions and again had gone ahead with a curatiive petition. Now this curative petition has also been dismissed by Hon’ble Supreme Court.

It seems Pre-2006 have crossed the last hurdle as far as this case is concerned. However, some of the informed Pre-2006 Pensioners have opined that there are 3 more SLPs pending before Hon’ble Supreme Court in this issue which are yet to be decideed. It is believed that these cases would also be decided in line with the one decided now.

The Text of Hon’ble Supreme Court’s decision on Curative Petition filed by Government is as follows

‘ IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION

CURATIVE PETITION (C) NO. 126 OF 2014
IN
REVIEW PETITION (C) NO. 2492 OF 2013
IN
SPECIAL LEAVE PETITION (C) NO. 23055 OF 2013
UNION OF INDIA AND ANOTHER PETITIONER(s)
VERSUS
CENTRAL GOVT. SAG (S-29) AND ANOTHER RESPONDENT(s)

O R D E R

[ Benefits of Sixth Pay Commission to retirees: Govt reply in Rajya Sabha click to view]

Application for oral hearing is rejected.

We have gone through the curative petition and the relevant documents. In our opinion, no case is made out

within the parameters indicated in the decision of this Court in Rupa Ashok Hurra Vs. Ashok Hurra & Anr., reported in 2002 (4) SCC 388. Hence, the Curative Petition is dismissed.

Source : Bharat Pensioners Samaj

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