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nchandras
14-06-2012, 12:39 PM
The injustice to those staff receiving the increment in June each year was perceived when revised pay was fixed w.e.f 2006. The repr of staff was accepted on the rec of the anomaly committee by the Govt. However, those who retired in June after 2006 have been deprived of the increment in their last year of service. The denial is unjust since such employees have given their youth to the Govt but due to the rec of the 6th Pay Commission to grant increment in July this unjust event has occured which essentially was to reduce administrative cost of increment each month. Thus depriving last increment to those retiring in June each year was not the aim of the 6th Pay commission. Hence last increment in June is the RIGHT OF SUCH PENSIONERS.

Thus all retired employees and their Pensioners association should take up with Anomoy committee whose tenure has been recently extended. As the Govt have accepted the anomoly to the serving employees, will it automatically, be ipso facto, be applicable to those retiring on pension each year in June.

If so a suitable clarification needs to be issued by DOPT or Anomaly committee should take up with Govt in the next meeting to benefit all those retiring in future in June each year. The staff association and Pensioner association together should rectify this anomaly by constant liaison with Govt. This point should be included in the agenda for the next meeting somewhere in July 12

N Chandrasekar [email protected]

Gopal Krishan
14-06-2012, 07:53 PM
Dear Chandersekar,
According to my information the term of the Anamoly Coimmitte was over on the 31st March, 2011. Could you indicate the details of notification extending the term of the Committer?
With regards.
Gopal Krishan

nchandras
15-06-2012, 06:26 PM
[QUOTE=Gopal Krishan;16413]Dear Chandersekar,
According to my information the term of the Anamoly Coimmitte was over on the 31st March, 2011. Could you indicate the details of notification extending the term of the Committer?
With regards.
Gopal Krishan[/QUOTE
Dear Gopal Krishan
Thanks for response

DoPT vide F.No.11/2/2008-JCA Vol.(II) dt 2 Dec 2011 have convened the 4th Anomaly committee meeting on 5 Jan 2012 as reported in the CG News web. Hence, it is construed to have extended the term of the committee. Generally, the formal orders are issued much later.
But, it is worthwhile for all retiree pensioner associations to compile number of such pensioners who are deprived of the legitimate increment in July, after completing 12 M of service on the day of their retirement on 30 June, but for their retirement on that day. As Govt in response to the anomaly committee point have issued Govt Order for increment for those drawing their increment from Feb to June in their pre revised scale prior to 1 1 06, it is essential that the last increment to the retirees of June month also be conceded by the Govt.

I hope this post reach the eyes and ears of the retirees associations through the column of GConnect

N Chandrasekar

nchandras
15-06-2012, 06:41 PM
Further, the employees associations of various deptt should also take up the issue of last increment to those retiring in June in future since they will also be deprived of one last increment after completing 12 Months upto 30 June each year. If they were not to retire on 30 June, they would be attending their office on 1 July hence will be granted 1 increment automatically.

This is a fit case, since Pay commission never intended to deprive anyone of 1 increment by recommending July as next increment date. They wanted that Administration of granting increments will be easier for the Govt and work load will decrease as each month increment orders were being published by diff deptts

Gopal Krishan
15-06-2012, 09:19 PM
Dear N Chandraseklar,
Thanks for updating the information about the anomaly committee.
With regards,
GK

vnatarajan
16-06-2012, 08:00 AM
It is unfortunate that except for some pensioners' federations like BPS (Delhi) , AIFPA (Chennai), and a few more, others do not bother about the interests of OLD PENSIONERS. Recent (Post 2006) and would be pensioners are also not very much concerned as they are not immediately affected!. With the result, the Govt/ DOPW etc axt in an autocratic manner as there is very little opposition or expression of mass dissent against such injustuces. THEY OPENLY CHALLENGE US TO GO TO COURTS OF JUSTICE AND TRY FOR REDRESSALS! Even when straight-forward/ unambiguous judgments are delivered by Courts in favour of pennsioners, they care two hoots and go on extending their judicial adventurism upto the HSC. In essence they make atotal mocker of any judgment as they enjoy complete immunity and freedom to go on delaying or even subverting judicial verdicts! Examples like non-implementation of judgments (HSC) in Rank Pay Case, SPS Vains case etc prove that such acts will continue unabated!

vnatarajan

nchandras
16-06-2012, 12:05 PM
Dear Mr Natarajan
You are absolutely correct about the Govt officials in the Ministry. They forget that one day they will join the retirees rank. However, since the issue of 1 increment to those who are retiring in June each year, after they having put in mandatory period of 12 M to qualify for increment during the last year of their service THEY RICHLY DESERVE THIS INCREMENT. Thus each one of such June retirees would have higher pension from the lowest pay scale to the highest pay scale. HENCE ALL ASSOCIATIONS OF THE PRESENT GOVT EMPLOYEES ALSO NEED TO TAKE UP THIS ISSUE FOR DISCUSSION IN THE 5TH ANOMALY COMMITTEE MEETING TO BE HELD IN 2012.

The Govt will be forced to concede this legitimate point, as they had conceded 1 increment to those getting their increments from Jan to June prior to 2006. The staff associations took up this case in the Anomaly Committee and conceded by the Govt. Hence there is a bright chance for those retiring in June each year to get 1 increment during the last year of their service IF TAKEN UP IN THE NEXT ANOMALY COMMITTEE by SERVING AND RETIREES ASSOCIATIONS.

Hope better sense prevails


N Chandrasekar

Gopal Krishan
16-06-2012, 07:05 PM
As rightly mentioned by Shri VN sahib the serviing officials not only challenge the retirees to go to court of law or CIC but even after the decision is in their favour they would not apply to similarly placed other retirees but their pleas would be that the judgement is in favour of particular retiree(s), as such the same would be restricted to them only.
Gopal Krishan

nchandras
16-06-2012, 07:58 PM
There are few court judgements which have given leverage to the Head of the Department where such employees are working but not figuring in such court orders, that similarly placed employees are to be given such benefits. Taking que there are many deptt where the associations are well informed ensure that such orders are implemented to all.

However, the state of pensioners are pitiable since they do not get such support from their deptt unless the retirees associations in such deptt are well informed and seek personal meetings with the Head of the organisation. In such cases, the Head of the deptt seek legal opinion and based on the opinion (referring to supreme court judgements) grant them to retirees

N Chandrasekar

nchandras
27-06-2012, 07:58 PM
Those retiring in June each year loose 1 incr after completing mandatory 12 M service in their last yr of service. This issue is pending at Item 40 of the Agenda for the N National Anomaly Committee. Next date of meeting announced by the Govt to be held on 17 July 12 at 1500 hrs.
Through this column I would request those from the official side as also from the Staff/Pensioner association should ensure justice is given to employees who have given their youth to Govt and DEPRIVED OF LAST INCR DUE TO UNIFORM DATE OF 1 JUL AS PER 6TH PAY COMMISSION REC. Neither the Commission nor Govt realised that such employees will be deprived due to 1 Jul increment uniformly to all. Thus this being an anomaly should be rectified on 17 July 12 meeting and govt order issued as in the case of 1 incr to those deprived of the same between Feb and June before 1 1 2006.
Each one of us should exert pressure on the repr who would be attending the meeting on 17 July 12. Through this col I REQUEST ALL TO JOIN AND PURSUE VIGOROUSLY TILL 17 JUL 12

Victor
27-06-2012, 10:35 PM
Those retiring in June each year loose 1 incr after completing mandatory 12 M service in their last yr of service. This issue is pending at Item 40 of the Agenda for the N National Anomaly Committee. Next date of meeting announced by the Govt to be held on 17 July 12 at 1500 hrs.
Through this column I would request those from the official side as also from the Staff/Pensioner association should ensure justice is given to employees who have given their youth to Govt and DEPRIVED OF LAST INCR DUE TO UNIFORM DATE OF 1 JUL AS PER 6TH PAY COMMISSION REC. Neither the Commission nor Govt realised that such employees will be deprived due to 1 Jul increment uniformly to all. Thus this being an anomaly should be rectified on 17 July 12 meeting and govt order issued as in the case of 1 incr to those deprived of the same between Feb and June before 1 1 2006.
Each one of us should exert pressure on the repr who would be attending the meeting on 17 July 12. Through this col I REQUEST ALL TO JOIN AND PURSUE VIGOROUSLY TILL 17 JUL 12

Just to clarify that this issue has not arisen due to the fixing of 1st July as a uniform date of increment, on the recommendations of 6CPC. This phenomenon existed earlier also. For eg. an official whose increment was due on 1st Oct retired on superannuation a day ealier on 30th Sept.

Victor

sundarar
28-06-2012, 07:12 AM
Shri Victorji has correctly clarified the actual position in the instant case. On the day of increment, if the incumbent is not on duty owing to leave,etc. the same will be admissible only when he reports next for duty. The monetary benefits thereon will get postponed accordingly. In the case of retirement too, the incumbent will not be on duty on the day of increment, and no subsequent reporting for duty is involved. Hence, the phenomenon.

Further, there is yet another issue in respect of those who were drawing their increment in the year 2005 between August and December 2005. In their case, their increment was just postponed to July in the year 2006 and no additional increment as in the case of those who drew increment between Feb and June 2005 is granted. Thus, while postponement of increment brought an additional increment in the latter case, the preponement of increment to 1st July for those who drew increment between August and December 2005 did not facilitate such an additional increment. When rationalisation of increment brings an adverse situation which stands resolved with the grant of one increment, the same ought to be applied uniformly to all irrespective of their date of increment in the year 2005. This is my views and not necessarily be alright. Senior members may like to provide their views on this aspect.

Similarly, in Feb. 2003 it was decided to extend a revised option for fixation of pay on promotion in the event of any unforeseen developments or change of rules. It was also said that past cases would be
decided on case to case basis. Subsequent to issue of the OM by DOPT, till 2005 many would have opted for straightaway fixation or re-fixation on increment date. Consequent on implementation of 6th CPC, some of them would have exercised revised option if beneficial, in accordance with the OM of 2003 owing to change in rules, viz. 6th CPC revision. Now, the grant of one increment is also an unforeseen development by which all promotees during the period from Feb. 2003 to December 2005 may be entitled to get a revised option, by exercising which, they may be entitled to get an additional increment as per the instant orders. A clarification in this issue will enable the concerned employees to act accordingly.

nchandras
28-06-2012, 11:24 AM
Mr Victorji
Thanks for ur prompt response. As this point has been taken in the Anomaly committee at Item 40 and likely to be discussed on 17 July 12, we can insist on the repr of all Associations to impress upon the official side about completion of mandatory 12 M service to qualify for 1 incr. As correctly stated by u, this anomaly existed earliar but since no one raised the issue it continued. But it certainly deserves consideration as it meets the eligibility criteria except on the next day employee is not in service. Thus exception needs to be made to RECTIFY THE INJUSTICE

nchandras
28-06-2012, 07:43 PM
Dear Sundararji
Thanks for an indepth clarification on the issue. Yes.issue has wider ramifications and it has to be seen from all angles as brought out by u. Let us await decision of the official side to the pt at Item 40 in the anomaly meeting on 17 July 12

N Chandrasekar

vnatarajan
29-06-2012, 08:29 AM
Dear Concerned,

It is unfortunate that the above types of anomalies which affect more of those who are retired/ pre 2006 (pre-SCPC revision) cases, do not find any STRONG FORUM TO VOICE THEIR GRIEVANCES!

The so called Pensioners Groups - as I pointed out earlier- save a few have been keeping aloof from these issues- GOK why- perhaps rather to be in the good books of the Administration!.

CONSEQUENTLY WE HAVE TO URGE THE SCOVA ALSO TO TAKE UP THESE ISSUES STRONGLY - THOUGH IT AFFECTS SELECTIVE SEGMENTS OF THE SCOVA MEMBER-GROUPS- BUT THEN "INJUSTICE'; IS "INJUSTICE" AND THEY MUST MAKE SOME EFFORTS to make a headway- start.

Coming to SCOVA itself- I find it is being made another "faltu" body like the famous "NAC" - and no meeting is being convened!

AFTER THE PLANNED THREAT OF "MARCH TO PARLIAMENT" IN JULY 2012 BY VARIOUS ASSOCIATIONS/ FEDERATIONS OF EMPLOYEES, IT LOOKS EVEN THE "NON-FUNCTIONAL AUTHORITIES' OF GOI APPEAR TO HAVE WOKEN UP - AND EVEN THE "NAC" APPEARs TO HAVE GOT UP FROM ITS DEEP SLUMBER TO CONVENE ITS FIFTH MEETING 0N 17TH JULY 2012 - AT 3 PM!

As usual, the presiding deities on "all sides" may not be able to arrive in time- meeting may start "late" as ususal - kaju and coffee may consume more time than the meeting itself - with the result most of the agenda will remain undiscussed with the suggestion they may be taken up with items that may "flood" after the 7th CPC which is not very far (if it has to be formed) !

PENSIONERS HAVE NO AVENUES TO FIGHT FOR JUSICE IN REALITY! EVERY ROAD APPEARS TO BE CHOKED OR NON-FUNCTIONAL!- EVEN advises/ policies related to TRIBUNALS/ COURTS- AND THEIR JUST PRONOUNCEMENTS ARE BEING CONSIGNED TO DUST-BINS AND WASTER-PAER BASKETS BY REPEATED LITIGATIONS BY THE GOVT.!

We shall have to show our "anger- through hunger"???

vnatarajan

nchandras
29-06-2012, 12:27 PM
Dear Mr Natarajanji
Yes, it is frustrating that there are no avenues for the individual pensioner except thro the recognised forums like SCOVA to voice the grievances. Further it is regretted that pre 2006 issues are not being raised by the affected retirees and neither this column is being used to generate discussiions.
However, thro the portal of Deptt of Administrative reforms and grievances and also Deptt of Pension and Pensioner welfare such grievances can be voiced which certainly gets some response though normally negative.
We do not have any other medium except thro pensioner associations and the repr spend all the time in the meeting having kaju and coffee then God save the pensioners.
Let us hope at some occasion justice is seen by someone in authority
Regards

N Chandrasekar

vnatarajan
29-06-2012, 03:48 PM
Dear Shri NC/ others Interested,

Thanks for the rejoinder. Reg GrIEVANCE/ PUBLIC GRIEVANCE PORTALS OF DPAR/ DOPPW/ DOPT / HON PREZ/ HON PM ETC,

I HAVE EXTENSIVELY USED THE TWO PORTALS YOU HAVE MENTIONED/ AS ALSO OTHERS , ALREADY - NEARLY FOR 3 TO 4 YEARS. I HAVE CONSIGNED THEIR IDENTITY TO MY TOILET TISSUE BIN AFTER COMING TO THE CONCLUSION THAT THEY DO NOT DESERVE THE "ATTENTION" OF PEOPLE LIKE US!

My OWN pre 2006 pension disparity case ( as an individual) , after being registered as a "PUBLIC GRIEVANCE" by the very DOPPW (whom we have proved as the maon author of injustice in the PR CAT DELHI vide judgment of 1 11 2011) went in circles from DOPPW TO DOPT TO DOE TO DOM (my Organisation's (GSI) admin Dept' in the MINISTRY OF MINES ) to GSI - and ultimately took shelter under A most unbelievably "rubbush novice reply " of my own Dept's /Wing's Grievance Officer ( A Scientist who knows no Admin) to convey that as a "new PPO/ CPAO's SSA to Bank was issued already, the matter is closed"

PERHAPS IF THE "DOPT/ DOAR"'S PORTALS HAD MEANT BUSINESS, DEALING OF MY CASE COULD BE ONE EXAMPLE - BASED ON WHICH I FEEL A DIRECTOR/ GRIEVANCE OFFICER IN THE DOPPW COULD AT LEAST HAVE BEEN HAULED UP FOR GROSS NEGLIGENCE, BLATANT MISPRESENTATION OF FACTS, OMISSION AND IMPROPRIETY.

All the Grievance/ Public Greivance portals/websites of GOI are "Decorative e- show-pieces" of various Ministries/ Depts - inlcUding those of the Hon President of India/ Hon Prime Minister and to mention least the DOAR/DOPT'S ALSO who deviced them- and they are all created to mislead/ divert attention of the "more educated" aggrieved lot like us !.

THESE SITES ARE DEALT BY THE COMPUTER SAVVY ENGG/ SCIENTIFIC PERSONNEL WHO KNOW NO ADMINISTRATION.

AND THOSE WHO HAVE TO DEAL WITH THE MATTER DO NOT KNOW HOW TO HANDLE COMPUTERS AND GIVE REPLIES/ OR THEY ARE THE MOST INEFFICIENT- UNWANTED LOT IN THE RESPECTIVE UNITS!!!.

When in duress or caught unaware in "GROSS MISTAKES", they depend on "CYBER TAMPERING" with the help of those who know such computer related jobs - !!!!!

One CYBER TAMPERING exposure made by me led to the issue of the famous CORRIGENDUM dt 20th/ 24th NOv 2009 of CPAO DELHI and "out of fear of shame", the said CORRIGENDUM is now hiden out from their public domain web-site, by "APPENDING" it to a letter which was issued much much earlier ie dtd 26 09 2008 (the root letter of tampering)!

i have prelim/ prima facie reliable EVIDENCE OF TWO MORE CASES OF CYBER-TAMPERING AND CYBER PLANTING OF LETTERS WHICH WERE NEVER ISSUED/ DESPATCHED - by the very same CPAO office (author is same who has caused the pension disparity havoc described / dealt so long in this thread) and any one who is computer savvy - can catch these pdf files which are tampered / planted files - much much later than their "purported dates of issues" !!!!

At LEAST LET US BE BOLD AND MATURE ENOUGH TO CALL A SPADE- A SPADE - EVEN IF IT IS "BAD JUSTICE" - AT LEAST I WILL DO THAT1

WHEN WE RESORT TO INTENSIVE RTI/ GRIEVANCE QUERYING, THE MAIN FILE WILL BE "LOST" in some Ministry/ Department AS THEY HAVE DONE IN OUR CASE ( as also happens in many SCAM cases) , THE MAIN FILE OF OUR APPEALS/ GRIEVANCES ON SCPC PRE 2006 PENSION DISPARITY INJUSTICE SENT BY DOPPW WAS LOSI IN DOE AFTER 8-9 MONTHS OF PENDING THERE!......... IN THE MENWHILE ALL OUR APPEALS WERE DSPOSED EN MASSE ON 11 02 2009- that too with the concurrence of the very same DOeE which was responsible for missing the main file!! EVEN TO-DAY SHI AR'S RTI APPEAL ON THIS AND RELATED ISSUES IS PENDING DISPOSAL AT THE IC LEVEL!

Many of us have lost faith on "fairplay' and "respect for truth" solely because of the "very low=levelss" of "integral functioning" by the Departments which deal with OLD PENSIONERS' ISSUES!

MAY THE ALMIGHTY GIVE THEM BETTER SENSE OF - SCRUPLES AND REGARD FOR JUSTICE - TO THEM AT LEAST WRT DEALING WITH THE CASES OF GENERATIONS OF NEW PENSIONERS TO COME AS MANY OF US ARE PAST 70 YEARS.

Regards,
vnatarajan

nchandras
29-06-2012, 07:35 PM
Dear Mr Natarajanji

It is distressing. I thought such portals at least will make those great officials in the Ministry to wake up.

I am sure, after attempting all avenues your disgust could be understood.

Thanks for enlightening me.

With Best wishes

Regards

N Chandrasekar

kssitaraman
07-07-2012, 09:04 AM
For kind reference by Shri Chandrasekar/Others affected

Shri Gopal Krishan may also kindly see, especially the 3rd and 4th excerpts in the Attachment, as this case seems to have a bearing on his.

From a Book published in March 2005, some excerpts from Judgment of the Andhra Pradesh High Court delivered in December 2001 in a case similar to Shri Chandrasekhar’s, are given in the Attachment. Though the judgment was delivered in 2001, it contains some important points that are applicable even today. The Book also gives the Case numbers of similar cases (9 cases) dealt by different CATs, the outcome of which was all in favour of the pensioners. There may be still more cases dealt by different Courts since then, the details of which may perhaps be with Shri Chandrasekhar.

With such overwhelming support for pensioners from different Courts over this matter, it is surprising that issue of a general order allowing grant of the increment in similar cases has never been thought of by the authorities thus far. As a matter of fact, the V CPC had recommended, vide Paras 141.25 and 141.26, that –

“the benefits granted to pensioners by all Courts’ final judgments, should be passed on, not only to the petitioners but they should be extended to all other pensioners who are similarly placed, by issue of general orders by the Government. All Ministries/Depts./Offices must automatically comply with the Court decisions in all similarly circumstanced cases.”

Past pensioners alone have not been affected by this issue. It is an ongoing phenomenon affecting the retiring employees as well. It is regretful that the Employees’ Federations’ representatives, who have been periodically negotiating with Government officials all the employees’ and pensioners’ problems in the various fora at higher level, have allowed this simple matter to hang on. They have yet another opportunity to discuss this in the ensuing NAC meeting.

Hope they succeed in getting the general order issued by authorities to automatically allow grant of the increment for the last year earned on the day of retirement. These representatives owe this to the pensioners, as it is they who by arrangement are to negotiate such matters with the Government on pensioners’ behalf.
kssitaraman

nchandras
07-07-2012, 11:42 AM
Dear Mr Sitaramanji
Thanks for the update. It was news to me and I am sure to others similarly placed about the Court Orders. Further, as rightly stated by Mr Sitaramanji due to non availability of such info even the employees associations when approaching the National Anomaly Committee at Item 40 of the agenda for discussion during the meeting to be held on 17 July 12 have not brought out (even in general) about such court decisions.
Those(especially Rlys) who are serving employees association office bearers SHOULD EVEN AT THIS BELATED STAGE. BRING IT TO THE NOTICE OF MEMBERS ATTENDING THE MEETING ON 17 JULY 12 WITH THE OFFICIAL SIDE.

Forums like this enables us to share each others knowledge for getting JUSTICE. Hope the meeting takes some positive decision on this issue.


With regards

N Chandrasekar

vnatarajan
07-07-2012, 08:17 PM
AS RIGHTLY AND TIMELY POINTED OUT BY SHRI KSS- The Tribunals and Courts (HCs/HSC ec) have been repeatedly stressing on " the benefits granted to pensioners by all Courts’ final judgments, should be passed on, not only to the petitioners but they should be extended to all other pensioners who are similarly placed, by issue of general orders by the Government. All Ministries/Depts./Offices must automatically comply with the Court decisions in all similarly circumstanced cases.”

BUT THE BABUDOM- WHO HAVE A PENCHANT FOR DISREGARDING THE JUDICIAL VERDICTS GO ON APPEALING TO NEXT HIGHER COURT IN SUCCESSION -VIOLATING ALL ORDERS OF JUDICIAL VERDICTS PARTICULARLY WHEN THE SAME CAN BE SUO MOTO VALID FOR OTHER SIMILARLY STANCD EMPLOYEES OR RETIREES.

According to them- no individual is similarly placed to other- employee or retiree- and more arrogantly they say "THAT JUDICIAL VERDICTS CAN NOT BECOME LAWS AND THEN RULES". THEY ARE NOT IN THE MODE OF CABINET DECISIONS/ EXECUTIVE INSTRUCTIONS ETC. Hence they justify going for repeated appeals till the last avenue.

Judiciary remarks that when Cab Decisions are wrongly executed, Judicial Review is a must and the same when decided must be applied to all similarly aggrieved.

It is like one chasing the other in a circle and you do not know who is chasing whom!

MOST FUNNY OUTCOME IS THE "NATIONALITIGATION POLICY"- WHICH IS NOW THROWN TO WINDS IN THE CURRENT PENSIONERS' REPEATED JUDICIAL VERDICTS IN FAVOUR OF THe PRE 2006 PENSIONERS (BOTH CIVIL AND MILITARY) AND A TOTAL MOCKERY OF THE VERY POLICY/ JUDICIAL INTERVENTION/ SYSTEM AS A WHOLE IS BEING DEMONSTRATED MOST ARROGANTLY AND OBNOXIOUSLY BY THE BABUDOM!

Regards,
vnatarajan

kssitaraman
08-07-2012, 12:34 PM
I am thankful to respected Shri VNji for the rejoinder highlighting the predicament and woes suffered by the pensioners/litigants today for information of all concerned.

It seems that around the year 2003, similar was the situation, for the author (Late Shri P.N.Padmanabhan, IRSEE (Retd)) of the Book “General Knowledge for Central Government Civilian Pensioners Vol. 1” published in March 2005 from which I had quoted the V CPC Recos 141.25 and 141.26 in my posting, had himself commented extensively in the Book. The two Quotes along with the author’s comments are reproduced below, repeating the earlier one for clarity:-

Quote 1 from the Book at Page 35: 141.25 and 141.26. V CPC has recommended that the benefits granted to pensioners by all Courts’ final judgments, should be passed on, not only to the petitioners but they should be extended to all other pensioners who are similarly placed, by issue of general orders by the Government. All Ministries/Depts/Offices must automatically comply with the Court decisions in all similarly circumstanced cases.

(Author’s comments. Of late, very explicitly, the bureaucrats of the GOI have developed a tendency to abdicate their Constitutional responsibility and have deliberately been avoiding to extend the benefits decided by even Supreme Court suo motu to other similarly circumstanced employees/pensioners. GOI takes up issue of general orders on such issues , except when they get Contempt Notice from the Courts) (It will be immoral on the part of government if it does not issue suitable general orders to extend the benefits to all other pensioners similarly placed, as in the cases disposed of by Courts).

Quote 2 from the Book at Page 32: 141.26 Where Court judgments have been delivered on merits, their benefits should be extended to similarly placed persons without requiring them to resort to litigation.

(Author’s comments. This is a very important recommendation which the GOI should accept and issue general orders granting the benefits of the judgments to all similarly placed employees, instead of granting the benefit of judgments only to the petitioners.)

Best regards,
K.S.Sitaraman.

nchandras
09-07-2012, 03:21 PM
Thanks for the responses from Mr Natarajanji and Mr Suburamanji ( I hope names are right - mistakes if any be excused)
Non implementation of the court judgement, and preferring an appeal by the Govt as rightly brought out by Shri VN is really disgusting. However, a ray of hope exist when a committee discusses the issues such as National Anomaly committee with repr of staff and pensioners. Then the decision is one of collective responsibility (if wiser counsel prevail after eating the customary Kaju and consuming coffee)
We keep our fingers crossed.

Regards

N Chandrasekar

nchandras
09-07-2012, 03:23 PM
My apologies to Mr Sitaraman ( I have mentioned Mr Suburaman by mistake)

N Chandrasekar

kssitaraman
09-07-2012, 04:36 PM
Let us not hold out too much hope. The mtg is scheduled at 3 p.m. Assuming that 5 mts are spent on an average for each item in the agenda, it will take more than 3 hrs to reach this subject. Like Courts, the mtg will be closed or adjourned at the stroke of 5 p.m. The very fact that it has been fixed at 3 p.m. and not at the usual 10-30 or 11 a.m. should make it clear that decisions on each item have already been taken by Official side before the mtg. or that the mtg would be adjourned for want of time, after taking up a few items.

nchandras
09-07-2012, 08:01 PM
Dear Mr Sitaramanji

Congrats for such a wonderful analysis of the forthcoming meeting on 17 July 12. I wish few members of the official and staff side see this thread to put them to shame.

Anyway best of luck to the affected employees and pensioners

Thanks for the response

N Chandrasekar

vnatarajan
10-07-2012, 12:25 PM
Shri KSS is absolutely right. Few non-consequential items- already pre-decided as a measure of bargain will be conceded - and rest will be "disposed off en masse" as per their usual pracitice to the next meeting.

STAFF SIDE TAKES NO RESPONSIBILITY - IN FACT THEY HAVE NO VOICE ACCORDING TO ME- TILL NOW NOTHING GREAT HAS BEEN ACHIEVED IN NAC SO FAR EXCEPT ........!

IN SPITE OF more than HALF A DOZEN CLEAR CUT COURT (AFT/ PR CAT) VERDICTS ON MOD PARITY COVERING NEARLY 30 CASES (OAs) IN FAVOUR OF 1000S OF PRE 2006 PENSIONERS, IF THE STAFF SIDE IS NOT ABLE TO EMPHATICALLY DRIVE HOME THE POINT, IT SENDS VERY VERY WRONG SIGNALS TO ALL MATURED RETIRED EMPLOYEES/ CURRENT EMPLOYEES AS WELL!!!!

vnatarajan