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abhagwat
13-05-2013, 01:29 PM
Certain pensioners in the grade of SO G anh H+ in DAE, ISRO DRDO etc of Central government organizations who were applicant got a favourable verdict from the court on the inclusion of special pay of Rs 2000 in pension. The special pay they were drawing before retirement has been taken for the pensionary benifits. But those who were not part of this litigation did not get the benifit. is it fair? This, I understand has been done to avoid contempt of court! Should this decision and benifit not be applied to all the pensioners who have retired with the same Grade and special pay which was given in lieu of the higher grade after peer review and had Presidential approval? The CAT judgemenyt of 2004 had given a favourable decision and was implemnted during 5th pay comission but the 6th pay comission revison it was excluded although the special pay portion was already merged with the basic pension by the CPIO. The present position is that special pay of Rs 2000 (enhance to Rs 4000 after 6th CPC) is not being counted for the purpose of pension for scientists other than those who have obtained favourable orders from the courts they are mostly from DRDO and ISRO. IS this justice??? WHY does Government wants each on in this catagory to go to CAT and burden the already ovderburdened judicial system? This is sheer discrimination among the same homogenous class of officers.

vnatarajan
13-05-2013, 03:27 PM
(Shall edit the typo-grammer mistakes soon...)


Dear Shri ABhagawat ji,

Yes.

Every ime a favourable judgment in the case of the kind that spl pay (again it may be of of some spl nature exclusive to some dept) comes out , it does mention that similar benefit may be extended to similarly placed pensioners etc.

NEITHER COURT KNOWS NOR THE PENSION DISBURSING AUTHORITY KNOWS NOR EVEN THE DEPT/ MINICTRY CONCERNED KNOWS "WHO ARE THOSE INDIVIDULA SIMILARLY PLACED PENSIONER" IN THE WHOLE COUNTRY?

Is there an "authenticated, legally tenable, ready made data-base" that the court/ pda concerned" can adopt to suo moto apply the judgment to all "similarly placed pensioner"? HOW TO KNOW THE ENTIRE LOT OF SUCH RETIRED SCIENTISTS OF VARIOUS DEPARTMENTS AND WHO WILL COMPILE/MAINTAIN IT?

THEREFORE IT IS LOGICAL THAT EVERY SIMILARLY PLACED PENSIONER HAS TO BRING THE JUDGMENT TO THE NOTICE OF TTHE CONCERNED AUTHORITY WITH PROOF OF HIS ELIGIBILITY FOR APPLYING THE BENEFIT OF JUDGMENT AND THEN GET THE SAME! If the conderned do not concede, we weep and wail!

Then one has to go to the CAT and make a simple submission thru sworn affidavit with copy of judgment and prove the eligibility to get the benefit of such a judgment.

THERE IS NOTHING WRONG IN THE STAND OF THE GOVT. AND IF YOU AND I HAD BEEN THE HOD CONCERNED/ or PDA CONCERNED/or BANK CONCERNED, WE MAY ALSO INSIST ON THE PENSIONER TO PROVE HIMSELF THAT HE IS ELIGIBLE FOR GETTING THE BENEFIT OF THE JUDGMENT.

Similarly how does a PAY COMMISSION know that there are cases like these and they have to make mention that those enjoying some "spl pay" have to be given the benefit of counting it for pension. IT IS NEEDLESS TO SAY EACH CPC HAS ITS OWN "WIDER AGENDA" AND CAN NOT ADRESS SO SMALL AN ISSUE LIKE A "SPECIAL PAY FOR POKHRAN BLAST" FOR A FEW SCIENTISTS" ETC ETC.

So let us be rational- pl make a timely AGENDA FOR 7th CPC TO COVER THE LOOP-HOLES IN THE SYSTEM - and then pursue every effort to make the same fool-proof.

SCIENTISTS LIKE ME AND YOU ARE "POOR IN THESE ASPECTS"' AND IF YOU HAVE TO PROTECT YOUR "CORRECT PENSION" IN FUTURE, PL DO COME OUT OF THE SYNDROME OF SUO MOTO BENEFITS AND FIGHT FOR THE "MINIMUM ELEIGIBILITY" WHICH TOOK ME / MY FRIENDS 4 AND 1/2 YEARS TO GET THE " SCPC modified parity" ISSUE RESOLVED, that too in part........

vnatarajan