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View Full Version : Discriminatory treatement of pre-2006 pensioners in fixation of revised pension



Gopal Krishan
09-09-2013, 03:43 PM
4. DISPARITY IN PENSION FIXATION
FOR PRE-2006 PENSIONERS:
OM No 38/37/08-P&PW(A) 28/01/2013 has
caused disparities within the Pre 2006
Homogenous group of pensioners, due to
the application of different methods for
calculation of minimum pension. For pre
revised Scales S4 to S29 Minimum Pension
has been arrived following the formula :50%
of Pay in Pay Band +GP whereas for S
30,31,S 32 it has been calculated as 50% of
the minimum of revised Scale .This has
resulted in their minimum guaranteed
pension going up by more than three times
the pre revised minimum pension, whereas
barring S24,percentage rise in minimum
pension is much less for S4-23,S25-S29.

In order to ensure uniform treatment among
single homogenous class of pre-2006
pensioners w.e.f. 1.1.2006 for revision of
minimum guaranteed pension, to ensure
equality, it is requested that on par with the
scale based retirees, i.e. those retired from S-
30, S-31, S-32 prior to 1.1.2006, a uniform
multiplication factor of at least 3 may be applied
over 50% of bottom stage of pre-revised scale
from which the pensioner had retired, for deriving
guaranteed revised pension w.e.f. 1.1.2006.

The Bharat Pensioners Samaj has given above as an agenda item for discusion in the SCOVA meeting to be held on the 20th September, 2013 under the chairmanship of the Minister of State in the Ministery of Personnel etc. It is also a fact that a similar case has been filed in the CAT by some retired officers of the Ministgry of External Affairs.

Any update in that regard?
Gopal Krishan

Gopal Krishan
05-10-2013, 12:48 PM
According to my information even if Government concede the point raised by the officers of the Ministry of External Affairs who are in CAT, the Govt. may restrict the benefit to them alone and may not extend to others.
Gopal Krishan

Imayan
08-10-2013, 09:22 AM
Breaking News-- as published in railway Pensioner's portal:

“SLP filed by UOI in 3 other cases on Modified Parity (connected with SLP which had already been dismissed on 29-7-2013 - came up for hearing on 7-10-2013 in SC. The hearing was adjourned to 1-11-2013 without admitting the SLP. Request from ASG for stay on contempt proceedings was refused by the Bench.”

If UOI does not issue orders effective from 1.1.2006 before 10.10.2013, they will face the contempt case.
They have only 2 days in their oxygen tank !!!!

Gopal Krishan
08-10-2013, 04:06 PM
Dear Imayan,
Thanks for giving the latese position about the other case under other thread. The case under this thread is listed for 23rd October, 2013.
Gopal Krishan

Gopal Krishan
23-10-2013, 09:29 PM
Now this case would come up on the 30th October, 2013
Gopal Krishan

Gopal Krishan
03-11-2013, 06:46 PM
Latest?
Gopal Krishan

Imayan
13-11-2013, 06:56 PM
Another "shame" for UOI !!!!

The Supreme Court had dismissed on 29th July 2013 the SLP (Civil) 23055/2013 filed by Union of India against Delhi High Court judgement in pre-2006 pensioners WP 1535/2012 upholding the CAT PB judgement and Delhi High Court judgement.
Against that decision of Supreme Court ,REVIEW PETITION (CIVIL) NO.2492 OF 2013 was filed
by U.O.I. & ANR. ...PETITIONERS VERSUS CENTRAL GOVT. SAG (S-29) & ANR. ...RESPONDENTS

This Review petition was also dismissed on 12.11.2013

Now that the SLP and RP are dismissed by the Hon'ble SC, where do the UOI go ?

Gopal Krishan
13-11-2013, 08:30 PM
The case under this thread is different.
The position as indicated above relates to another thread titled 'injustice to pre-2006 pensioners in old S-29 amd S-30 Scales'

Gopal Krishan

Gopal Krishan
29-11-2013, 08:47 PM
Iti is understood that the BPS has also decided to intervene in the matter, whic is being pursued in Pr CAT by a few officers of the Ministry of External.A legl consultant has alreay appointed by the BPS. The next date of the case is the 3rd December, 2013
Gopal Krishan

Gopal Krishan
03-12-2013, 05:51 PM
Next date of hering is the 16th December, 2013


Gopal Krishan

Gopal Krishan
08-01-2014, 04:27 PM
During the last hearing the Government advocate had not come prepared. As a result the Government has been imposed a penalty of Rs. 5000 and the case is now to come up in January. The Bharat Pensioners Samaj has also become a prty in the matter
Gopal Krishan

Gopal Krishan
18-01-2014, 05:47 PM
The case would come up on the 29th Jnuary, 2014
Gopal Krishan

captkhanna
05-02-2014, 07:07 AM
The case would come up on the 29th Jnuary, 2014
Gopal Krishan
The case was to come up in January. Update please..

Gopal Krishan
07-02-2014, 04:41 PM
The matter has been adjourned to the 24th Februarly, 2014



Gopal Krishan

captkhanna
07-02-2014, 07:02 PM
:D
Thanks GK jee
Despite a penalty imposed on government a date again!!!
Tarikh pe Tarikh....

Gopal Krishan
11-02-2014, 03:24 PM
During the hering it came to light that the Departments of the Government of India were not clear as to who had to pay the penalty. Whether it was the Ministry of External Affairs or the Department of Expenditure. Fact remains as pointed out by Shri Natarajan sahib in the other thread, jokers are every where.
Gopal Krishan

Imayan
20-02-2014, 08:30 AM
Latest "Magic Man" in the country is Shri Rahul Gandhi.
Be it, increaring LPG cylinders to 12 , OROP etc. his intervention helps---towards solving problems. We have seen this happening now....

Why can't senior citizen pensioners / pensioner's associations at New Delhi meet him and request his intervention towards sloving our sufferings.
Wonders can happen !

Imayan

Gopal Krishan
27-02-2014, 09:51 PM
The matter came up for hearing on the 24th February. The Bench repeated direction about the penalty imposed and refixed the matter for th 26th Feb. On that the advocate on behalf of the Ministry of External paid penalty of Rs. 5000/- and with the direction as to how they are going to solve the problem in consultation with the Ministry of Finance the matter was fixed for the 5th March, 2014
Gopal Krishan

vnatarajan
28-02-2014, 07:51 AM
Penalty shd be compounded in Geometric Proportion.....
WHEN THEY DO NOT KNOW WHO HAS TO PAY THE FINE, HOW CAN THEY SOLVE THE PROBLEM OF PENSION DISPUTE....?
Rellay pathetic....

Auhtor and Architect of the entire fiasco related to all PENSIONERS AND EMPLOYEES in all fronts had merrily retired and perhaps is enjoying a new office in a COMMISSION.....

Disgusting and nauseating....

I BLAME THE CHAMCHAFYING FEDERATIONS / UNIONS/ ASSOCIATIONS ALSO FOR THE DEBACLE......

Hope all wake up and stem the rot in 7TH CPC....

FORMULATE AN UNIFORM POLICY....UNIFORM FORMULAE...UNIFORM MF....LAST PAY DRAWN SHD BE THE BIBLE FOR VERY PENSION REVISION CONSIDERATION....STRICTLY WRT ART 14 OF CONSTTN ON EQUALITY PRINCIPLE........ THE CUT-OFF DATES ARE MEANT ONLY FOR SWITCH OVERS.....not to deny any liberalised benefits in any way......

vnatarajan

Gopal Krishan
07-05-2014, 03:19 PM
According to my information the fine was deposited. The Bench had asked the respondents the rationale behind the formulae for fixation of pension of those in S1 to S23 and S24 onwards. Further developments are not known. Any information about the same.
Gopal Krishan

Gopal Krishan
25-09-2014, 01:53 PM
For further developments in the matter one could refer to the full parity case
Gopal Krishan

Gopal Krishan
20-11-2014, 03:28 PM
The case relatig to full parity is now listed on the 26th November, 2014
Gopal Krishan

Gopal Krishan
21-11-2014, 06:40 PM
It appears that this case has been linked with the similar case of railways.
Gopal Krishan

Gopal Krishan
21-11-2014, 06:42 PM
Gopal Krishan
According to my information the fine was deposited. The Bench had asked the respondents the rationale behind the formulae for fixation of pension of those in S1 to S23 and S24 onwards. Further developments are not known. Any information about the same.
Gopal Krishan

Gopal Krishan
02-02-2015, 06:42 PM
This case was last heard on the 13th January, 2015. The other advocate from railway side was also present.
Gopal Krishan