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Thread: Justice for 20 yr plus pre-2006 retirees of all pre-revised scales- action plan"

  1. #241
    Member tymanagoli is on a distinguished road
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    Thanks....

  2. #242
    Junior Member esveepee is on a distinguished road
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    Great! Congratulations and sincere thanks to all who persevered all along. What could possibly be the next move of the Govt?

  3. #243
    Senior Member soodeep is on a distinguished road
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    Thanx from me too...

  4. #244
    Member Monga J C is on a distinguished road
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    Thank you very much for the unprecedented efforts put in for all of us.

  5. #245
    Member Monga J C is on a distinguished road
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    The following is the link for CAT Judgement.

    http://www.govtempdiary.com/2015/05/...cat-judgement/

  6. #246
    Senior Member sundarar is on a distinguished road
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    PLEASE SEE HON. HC COMMON JUDGMENT PRONOUNCED ON 7.5.2015 IN WP 8012/2013 & WP 8056/2013 FILED BY PRO-RATA PETITIONERS.
    THE JUDGMENT IS UPLOADED IN WEBSITE OF HON. HC DELHI.
    THE DECISION OF HON. HC DELHI IS:

    "It is declared that the writ petitioners would be entitled to full
    pension post January 01, 2006 without any pro-rata cut therein".

  7. #247
    Member Monga J C is on a distinguished road
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    Dear Sir,
    The relevant portion of the judgement is as follows:

    " Thus the normal corollary would be
    that the procedure laid down under para 4.2 of the OM dated September 01, 2008 shall remain in respect to pre-2006 retirees and the clarifications
    issued by OMs dated October 03, 2008, October 14, 2008 and January 28,
    2013 whereby the words „the pension of the pensioners who retired prior
    to 2006 will be reduced pro-rata wherein the pensioner who has less
    than the maximum required service for full pension as per Rule 49 of
    CCS (Pension) Rules 1972’ needs to be quashed. "


    "26. The writ petitions are allowed. The Office Memorandums
    introducing the cut-off date and mandating that pre January 01, 2006
    pensioners would have their pension fix by pro-rata reducing the same by
    such numbers of years they have rendered less service than 33 years are
    quashed. It is declared that the writ petitioners would be entitled to full
    pension post January 01, 2006 without any pro-rata cut therein. Pension
    deducted from the petitioners (after it was correctly fixed and paid but
    later on reduced and hence deductions made) shall be refunded as also the
    arrears paid within six weeks from today failing which the amount
    payable would bear simple interest @ 9% per annum reckoned six weeks
    hereinafter. "


    The link to full judgement:
    http://lobis.nic.in/dhc/PNJ/judgemen...CW80122013.pdf

  8. #248
    Member nchandras is on a distinguished road
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    Default Justice of full pension to pre 2006 reitrees

    It is seen from the gist of the judgement of Hon HC Delhi dt 7 May 15, that the word Writ Petitioners are mentioned. Does it mean it would apply only to those litigants and others have to knock on the doors of the court once again.

    Surely, the Govt Babus are likely to latch on these words and deny others of their legitimate benefit.

    Any views pl

  9. #249
    Senior Member sundarar is on a distinguished road
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    Dear Sir,

    "The Office Memorandums introducing the cut-off date and mandating that pre January 01, 2006 pensioners would have their pension fix by pro-rata reducing the same by such numbers of years they have rendered less service than 33 years are quashed".

    By virtue of above decision by the Hon. HC Delhi, the quashing of OM is not restricted to only the petitioners. A quashed OM can never remain quashed for some who happened to be petitioners and can be made valid at the same time for rest of the pro-rata pensioners who happened to be non-litigants.

    As per the CAT PR Bench directive dated 1.11.2011 also (on its attaining the legal finality by the Highest Court of Land), the said OM 3.10.2008 alongwith two other OMs dated 14.10.2008 and 11.2.2009 remain quashed, and only by treating the said OMs as quashed, a fresh OM dated 26.8.2014 was issued for re-fixing pension based on Resolution dated 29.8.2008 for pre-2006 pensioners who are also petitioners of OA 655/2010.

    At the same time, for pro-rata pensioners who are also petitioners of OA 655/2010 w.e.f. 1.1.2006 got the above re-fixation with a cut in in pension based on length of qualifying service. The aggrieved petitioners' (pro-rata pensioners) contempt petition will be coming up next for hearing on 27.5.2015.

    Once the pension of a pre-2006 pensioner is required to be re-fixed w.e.f. 1.1.2006 based on Resolution dated 29.8.2008, no qualifying service criteria comes in between, as proportionate reduction in pension was not prescribed in Resolution dated 29.8.2008.

    Not only because of the 10/20 years qualifying service criteria for post-2006 retirees for fixing basic pension at the time of their retirement, but also because of the Resolution dated 29.8.2008, no proportionate reduction in Minimum Revised Pension w.e.f. 1.1.2006 in r/o pre-2006 pro-rata pensioners can be kept involved, as there is no authority to do so. No cabinet approval for effecting any proportionate reduction in pension to be fixed w.e.f. 1.1.2006 for pre-2006 pro-rata pensioners exists at any point of time and hence all pre-2006 pensioners' (including pro-rata pensioners') pension w.e.f. 1.1.2006 is required to be re-fixed based on Resolution dated 29.8.2008 without any proportionate reduction based on length of qualifying service.
    Last edited by sundarar; 16-05-2015 at 07:33 PM.

  10. #250
    Member nchandras is on a distinguished road
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    Mr Sunderar
    Thanks for the quick and exhaustive, concise reply
    All doubts clarified.
    Shall await result on 27 May

  11. #251
    Member Monga J C is on a distinguished road
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    Dear Sunderar

    Thanks for the clarification.
    Goodluck for 27 May hearing.

  12. #252
    Member Monga J C is on a distinguished road
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    Dear Shri Sundarar

    I would like to draw your attention to the update dated May 13 2015 on the website of PRO-RATA PENSIONERS ASSOCIATION, requesting all pro-rata pensioners to submit representation for refixing of their pension w.e.f.1-1-2006.
    http://gsprpa.com/2015/05/13/new-update1352015/

    Pl. comment.

    Thanks

  13. #253
    Senior Member sundarar is on a distinguished road
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    Dear Sir,
    Before taking up litigation exercise, it is a must to exhaust all available avenues and one of such avenues is
    submitting a representation on the grievance to the concerned authorities. After reasonable time if no
    reply/no satisfactory reply is forthcoming, then only the litigation exercise may be entertained by the Courts.
    Probably, the instant attempt may be for that purpose.
    However, by 27th May 2015 we may get some clear picture. Till then, we may have to wait.

  14. #254
    Member Monga J C is on a distinguished road
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    Thank you very much sir.

  15. #255
    Member Monga J C is on a distinguished road
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    Dear Shri Sundarar

    Sir, Any news about the contemp petition hearing of 27 May 2015 ?

  16. #256
    Senior Member sundarar is on a distinguished road
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    Quote Originally Posted by Monga J C View Post
    Dear Shri Sundarar

    Sir, Any news about the contemp petition hearing of 27 May 2015 ?
    Adjourned to 19th August, 2015.

  17. #257
    Senior Member sundarar is on a distinguished road
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    Quote Originally Posted by sundarar View Post
    A Review Petition No. RP 741/2014 filed against the above Judgment of Hon. HC Kerala in respect of Shri P.K.Bhargavan Pillai was dismissed on 24.2.2015 by the Hon. HC Kerala.

    "5. The learned Senior Counsel for the review petitioners pointed out that the respondent in OP(CAT). No.8 of 2014 and the first respondent in the instant case are not similarly placed and that therefore, the original petition needs to be decided afresh on merits.

    6. Per contra, the learned counsel for the first respondent pointed out that the respondent in OP(CAT). No.8 of 2014 and the first respondent in this case are similarly placed. According to him, both of them are Central Government pensioners who retired prior to the year 2006 and both of them were granted the very same relief by the Central Administrative Tribunal.

    7. Since it was contended by the review petitioners that the first respondent herein and the respondent in OP(CAT).No.8 of 2014 are not similarly placed, we called for the records in OP(CAT).No.8 of 2014. On a perusal of the records in OP(CAT).No.8 of 2014, we are satisfied that the first respondent herein and the respondent in that case are similarly placed.

    8. In the said circumstances, we do not find any error apparent on the face of the records to warrant interference in exercise of review jurisdiction. The review petition, in the said circumstances, is devoid of merits and the same is accordingly, dismissed"
    Against the Hon. HC Kerala decision in OP (CAT) 8/2014, the Special Leave to Appeal .../2014 CC 21044/2014 (SLP 6567-6568) filed by the Department was dismissed on 20.2.2015 - Union of India vs Shri M.O.Inasu
    Extract of Order dated 20.2.2015

    "WE ARE NOT INCLINED TO ENTERTAIN THIS SPECIAL LEAVE PETITION, WHICH IS DISMISSED".

    In spite of the dismissal of above SLP, another SLP No.10820/2015 is filed by the Department in Shri P.K.Bhargavan Pillai case which is similar to that of Shri M.O.Inasu and the next date of listing is 3.7.2015. The Law Ministry has advised to file a Review Petition against the dismissal of SLP in Shri Inasu case, and further action is awaited.

    As long as the Resolution dated 29.8.2008 did not prescribe any proportionate reduction in pension based on length of qualifying service, there could be no justification for prolonged litigation exercise as SLP, Review Petition etc. Once the matter attained legal finality by the Highest Court of Land for implementing the CAT PR Bench directives to `refix pension of ALL pre-2006 pensioners based on Resolution dated 29.8.2008', no purpose would be served by keeping the issue as pending and without coming to a final legally sustainable decision for implementation of the Court Orders in time.
    Last edited by sundarar; 13-06-2015 at 09:00 AM.

  18. #258
    Junior Member esveepee is on a distinguished road
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    Good conclusion Sir. But then who will take the initiative to give up litigation and issue orders to restore full pension to the affected pre 2006 pensioners?
    Another question. What about PSU absorbees who retired with less than 20 years service and have been receiving pro-rata pension based on qualifying service of 33 yrs for full pension? Thanks.

  19. #259
    Senior Member sundarar is on a distinguished road
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    Talking Full Minimum Revised Pension for ALL pre-2006 pensioners

    Quote Originally Posted by esveepee View Post
    Good conclusion Sir. But then who will take the initiative to give up litigation and issue orders to restore full pension to the affected pre 2006 pensioners?
    Another question. What about PSU absorbees who retired with less than 20 years service and have been receiving pro-rata pension based on qualifying service of 33 yrs for full pension? Thanks.
    The DOP&PW vide OM dated 5.3.2015 addressed to all Departments informed that
    the outcome of (then) pending SLPs 36148-50/2013 would be brought to the notice of all Ministries/Departments. Now that the said SLPs are dismissed by the HSC on 17.3.2015, 4 months time is granted to implement the Court orders.

    Thus, the outcome of SLPs referred to above, is expected to be brought to the notice of all Ministries/Departments by DOP&PW in the near future. As long as the Court orders that are required to be implemented for pre-2006 pensioners is `refixation of their pension w.e.f. 1.1.2006 based on Resolution dated 29.8.2008', no qualifying service criteria should come in between for all pre-2006 pensioners (including those who rendered a minimum q.s. of 10 years but less than 33 years q.s.) particularly when Rule 49 of CCS (Pension) Rules is an enabling Rule to determine basic pension at the time of retirement but not at the time of revision of pension based on accepted recommendation of 6th CPC.

    Hopefully, the much awaited executive instructions implementing the Court Order will strictly adhere to the directives of Hon. CAT PR Bench Delhi on 1.11.2011 that attained legal finality by the Highest Court of Land, where no proportionate reduction is prescribed based on length of qualifying service.

    The outcome of Special Leave to Petition No. 10820/2015 (UOI vs Shri P.K.Bhargavan Pillai) will also make the position more clear soon.

  20. #260
    Senior Member dnaga57
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    Default Thank you sudarr

    I admire your clarity of thinking, your service to the pensioners community & to tis forum
    Quote Originally Posted by sundarar View Post
    The DOP&PW vide OM dated 5.3.2015 addressed to all Departments informed that
    the outcome of (then) pending SLPs 36148-50/2013 would be brought to the notice of all Ministries/Departments. Now that the said SLPs are dismissed by the HSC on 17.3.2015, 4 months time is granted to implement the Court orders.

    Thus, the outcome of SLPs referred to above, is expected to be brought to the notice of all Ministries/Departments by DOP&PW in the near future. As long as the Court orders that are required to be implemented for pre-2006 pensioners is `refixation of their pension w.e.f. 1.1.2006 based on Resolution dated 29.8.2008', no qualifying service criteria should come in between for all pre-2006 pensioners (including those who rendered a minimum q.s. of 10 years but less than 33 years q.s.) particularly when Rule 49 of CCS (Pension) Rules is an enabling Rule to determine basic pension at the time of retirement but not at the time of revision of pension based on accepted recommendation of 6th CPC.

    Hopefully, the much awaited executive instructions implementing the Court Order will strictly adhere to the directives of Hon. CAT PR Bench Delhi on 1.11.2011 that attained legal finality by the Highest Court of Land, where no proportionate reduction is prescribed based on length of qualifying service.

    The outcome of Special Leave to Petition No. 10820/2015 (UOI vs Shri P.K.Bhargavan Pillai) will also make the position more clear soon.

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