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

  1. #261
    Junior Member esveepee is on a distinguished road
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    Dear Mr. Sundarar, thank you very much for your clarification. Sincerely.

  2. #262
    Member Monga J C is on a distinguished road
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    dear Mr Sundarar
    sincere thanks for your efforts.
    thanks

  3. #263
    Member tymanagoli is on a distinguished road
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    Default Pre-2006 pensioners with sub 33 years QS

    Dear Sirs,
    1. Six weeks given for implementation of Honorable Delhi HC judgment on W.P.(C) 8012/2013 delivered on 7th May 2015 (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) are over
    2. Two of the three months given by Honorable judges of CAT PB for implementation on judgment delivered on 21st April 2015 in OA 1165/2011 are over
    3. Three of the four months granted by Honorable SC after dismissing of SLPs on 17th March 2015 for implementation of minimum pension(in their respective grades) for all pre-2006 retirees are over

    Request Sri Sundarar and others in the know to share the info if any thing is progressing in respect of these judgments.

    Regards, Managoli
    Last edited by tymanagoli; 21-06-2015 at 11:28 AM.

  4. #264
    Senior Member sundarar is on a distinguished road
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    Quote Originally Posted by tymanagoli View Post
    Dear Sirs,
    1. Six weeks given for implementation of Honorable Delhi HC judgment on W.P.(C) 8012/2013 delivered on 7th May 2015 (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) are over
    2. Two of the three months given by Honorable judges of CAT PB for implementation on judgment delivered on 21st April 2015 in OA 1165/2011 are over
    3. Three of the four months granted by Honorable SC after dismissing of SLPs on 17th March 2015 for implementation of minimum pension(in their respective grades) for all pre-2006 retirees are over

    Request Sri Sundarar and others in the know to share the info if any thing is progressing in respect of these judgments.

    Regards, Managoli
    It appears that presently, all options/implications are under consideration, consequent on dismissal of 3 SLPs by HSC on 17.3.2015,

    The DOP&PW OM dated 5.3.2015 also indicated earlier that outcome of then pending SLPs will be brought to the notice of
    all Ministries/Departments.

    Till then, pl. keep waiting.

  5. #265
    Member tymanagoli is on a distinguished road
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    Thank you sir..

  6. #266
    Senior Member sundarar is on a distinguished road
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    CENTRAL ADMINISTRATIVE TRIBUNAL,
    ERNAKULAM BENCH
    Original Application No. 180/00377/2014 DOJ: 26.6.2015 SHRI K.M. MAKKAR VS UOI

    "8.4.2 of the OM mentioned above does not restrict the pension pro-rata. ........ Since the wordings in the aforesaid OM are so definite and clear that in no case the pension shall be lower than 50% of the sum of the minimum of the pay in the pay band and the Grade Pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired, the plea raised by the respondents that pension should be reduced proportionately, cannot be sustained.

    9. In the light of the decisions rendered by this Tribunal and other Co- ordinate Benches of this Tribunal earlier vide the order in OA No. 715 of 2012 at Annexure A3, we have no hesitation to hold that the applicant is entitled to get the 50% of the minimum of the pay in the pay band and Grade Pay. Since admittedly the corresponding pay band is Rs. 15,600- 39,100/- with Grade Pay of Rs. 5,400/- per month and since the minimum pay works out to Rs. 21,000/- as per the fitment table annexed to CCS (RP) Rules, 2008 the applicant is entitled to get his pension fixed at Rs. 10,500/- per month. The family pension would be 30% of Rs. 21,000/-.

    10. The Original Application is allowed. The respondents are directed to issue the revised pension payment order accordingly and pay the amount due to him at the earliest at any rate within two months from this date".

  7. #267
    Member tymanagoli is on a distinguished road
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    Sir,

    With ref to your post on 13thJune2015: "
    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", any idea about the outcome on this SLP?
    Thanks..

  8. #268
    Senior Member sundarar is on a distinguished road
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    Sir,
    The SLP No.10820/2015 did not get listed on 3.7.2015. Now, it is likely to be listed for 08.07.2015 at HSC Court No.2.
    Last edited by sundarar; 07-07-2015 at 11:33 AM.

  9. #269
    Member tymanagoli is on a distinguished road
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    Default Kerala 10th Pay Commission(from July 2014)

    Kerala 10th Pay Commission has recommended reduction in QS to 25 years from 30 years(unlike to 20 years from 33 years by Sixth Central PC) for full pension. It is note worthy that it has recommended to pass on the benefit to past pensioners also..
    Produced below is the relevant part:
    "Section 9.30: Qualifying Service: Currently, qualifying service for full pension is 30 years. In
    central Govt., the qualifying service for full pension is 20 years. The average age of
    candidates entering the service is more than 30 years, which means majority of
    employees will not be eligible for full pension. The requests have been to lower it to
    20 years as in Central Government. The Commission feels it justifiable to fix the
    minimum qualifying service to 25 years and recommends so. Pension calculations
    which are currently based on 30 years shall be replaced by 25 years. This benefit shall
    be available to those who had retired earlier also and their basic pension shall be
    revised accordingly. The financial benefits will accrue only from the date of
    implementation of the pension revision and will not apply on the pre-revision
    periodsí pension benefits, including Commutation etc. The Commission further
    recommends the withdrawal of weightage given as per rule 56(vii), Part III, Kerala
    Service Rules in the case of voluntary retirement."

    Managoli

  10. #270
    Member Monga J C is on a distinguished road
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    [/SIZE]Dear Shri Sundarar

    The SLP 10820/2015 got listed on 08-07-2015 to be further postponed for 16-07-2015. On 16-07-2015, the SLP has been dismissed by the HSC.

    ITEM NO.33 COURT NO.2 SECTION XIA
    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS
    Petition(s) for Special Leave to Appeal (C)......of 2015
    CC No(s). 10820/2015
    (Arising out of impugned final judgment and order dated 22/05/2014
    in OPCAT No. 1767/2012,24/02/2015 in OPCAT No.
    1767/2012,24/02/2015 in RP No. 741/2014 passed by the High Court
    Of Kerala At Ernakulam)
    UNION OF INDIA AND ORS. Petitioner(s)
    VERSUS
    PK. BHARGAVAN PILLAI AND ORS. Respondent(s)
    (With appln(s) for c/delay in filing SLP and office report)
    WITH
    S.L.P.(C)...CC No. 12232/2015
    (With appln.(s) for c/delay in filing SLP and Office Report)
    Date : 16/07/2015 These petitions were called on for hearing
    today.
    CORAM :
    HON'BLE MR. JUSTICE T.S. THAKUR
    HON'BLE MR. JUSTICE V. GOPALA GOWDA
    HON'BLE MRS. JUSTICE R. BANUMATHI
    For Petitioner(s) Dr. Abhishek Atrey,Adv.
    Ms. Sunita Sharma,Adv.
    Mr. D. S. Mahra,Adv.

    For Respondent(s)

    UPON hearing the counsel the Court made the following
    O R D E R
    Heard.
    Delay condoned.
    We do not see any merit in these special leave petitions,
    which are hereby dismissed.
    (MAHABIR SINGH) (VEENA KHERA)
    COURT MASTER COURT MASTER


    What are the implications of this order on our case? Please enlighten.

    Thanks

  11. #271
    Senior Member sundarar is on a distinguished road
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    Quote Originally Posted by monga j c View Post
    [/size]dear shri sundarar

    the slp 10820/2015 got listed on 08-07-2015 to be further postponed for 16-07-2015. On 16-07-2015, the slp has been dismissed by the hsc.

    item no.33 court no.2 section xia
    s u p r e m e c o u r t o f i n d i a
    record of proceedings
    petition(s) for special leave to appeal (c)......of 2015
    cc no(s). 10820/2015
    (arising out of impugned final judgment and order dated 22/05/2014
    in opcat no. 1767/2012,24/02/2015 in opcat no.
    1767/2012,24/02/2015 in rp no. 741/2014 passed by the high court
    of kerala at ernakulam)
    union of india and ors. Petitioner(s)
    versus
    pk. Bhargavan pillai and ors. Respondent(s)
    (with appln(s) for c/delay in filing slp and office report)
    with
    s.l.p.(c)...cc no. 12232/2015
    (with appln.(s) for c/delay in filing slp and office report)
    date : 16/07/2015 these petitions were called on for hearing
    today.
    Coram :
    Hon'ble mr. Justice t.s. Thakur
    hon'ble mr. Justice v. Gopala gowda
    hon'ble mrs. Justice r. Banumathi
    for petitioner(s) dr. Abhishek atrey,adv.
    Ms. Sunita sharma,adv.
    Mr. D. S. Mahra,adv.

    For respondent(s)

    upon hearing the counsel the court made the following
    o r d e r
    heard.
    Delay condoned.
    We do not see any merit in these special leave petitions,
    which are hereby dismissed.
    (mahabir singh) (veena khera)
    court master court master


    what are the implications of this order on our case? Please enlighten.

    Thanks
    similar slp in shri m.o.inasu case also was dismissed earlier on 20.2.2015. With the dismissal of the aforesaid slp in shri p.k. Bhargavan pillai,
    it can be concluded that the subject matter, viz. Full minimum revised pension for pro-rata pensioners w.e.f. 1.1.2006 has attained legal finality
    by the highest court of land for the present.

    The outcome may be examined by the concerned authorities for taking a final decision on further course of action.

  12. #272
    Member Monga J C is on a distinguished road
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    Thank you Sir.

  13. #273
    Senior Member sundarar is on a distinguished road
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    CAT ERNAKULAM BENCH
    O.A.No.180/00742/2014 vs Principal Controller Of Defence ... on 17 July, 2015
    O.A.No.180/00616/2014 vs The Senior Head on 8 July, 2015

    “3. Prescribing differing criteria causes discrimination in the same category of persons, in this case pre and post 2006 pensioners. The Apex Court in D.S.Nakra & Others v. Union of India (1983) 1 SCC 305 held that pensioners form a class as a whole and cannot be micro classified by arbitrary, manipulated and unreasonable eligibility criteria for the purpose of grant of revised pension. The Apex Court also held that the words 'who were in service', 'on' or 'after' were words of limitation, denying equality and declared the same unconstitutional and struck down the same.

    8…….Any change in the Cabinet resolution cannot be made by administrative orders modifying the same.


    10. Issues raised in these O.As stand covered by the above decisions of the Tribunal, High Court and Supreme Court. We do not find any reason to add to the judgment already delivered in a similar adjudicated matter. Any modification of the Cabinet resolution by a subsequent administrative order is ultra vires. Accordingly, the O.As are allowed. The respondents are directed to issue revised Pension Payment Orders to the applicants in the O.As specifying that pension of pre-2006 retirees will be calculated on the basis of

    50% of the minimum of the pay band plus grade pay corresponding to the pre-revised pay scale of the respective post held at the time of retirement,

    proportionate to the length of his service

    and fix higher of the two as pension with effect from 1.1.2006 and corresponding family pension and grant all consequential benefits including arrears of pension within a period of 90 days from the date of receipt of a copy of this order”

    (UNQUOTE: 50% of Minimum of the Pay Band corresponding to pre-revised scale is 50% of Minimum of the pay in the Pay Band corresponding to pre-revised scale. It appears that the legal finality in the matter has been attained, as no appeal is pending before the HSC according to available information)
    Last edited by sundarar; 23-07-2015 at 07:29 AM.

  14. #274
    Member tymanagoli is on a distinguished road
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    Default Minimum pension for 20 years QS

    Sri Sundarar, any news on contempt petition hearing in Sri RC Garg case?
    Also, any news on progress in implementing the court orders?
    Thanks, Managoli

  15. #275
    Senior Member sundarar is on a distinguished road
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    The Hon. HC Delhi in WP (C) 2262/2015 UOI vs Shri R.C.Garg case ordered on 11/3/2015, to list the matter on 7.8.2015 for final hearing, and till the next date of hearing, the
    contempt proceedings initiated by the Respondents shall remain stayed.

    I am not aware on any news about the implementation of CAT PR Bench Order dated 1.11.2011. We can only pray and hope for the best to take place at the earliest.

  16. #276
    Member tymanagoli is on a distinguished road
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    Thank you sir.. Pray for the best..

  17. #277
    Senior Member dnaga57
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    Quote Originally Posted by sundarar View Post
    The Hon. HC Delhi in WP (C) 2262/2015 UOI vs Shri R.C.Garg case ordered on 11/3/2015, to list the matter on 7.8.2015 for final hearing, and till the next date of hearing, the
    contempt proceedings initiated by the Respondents shall remain stayed.

    I am not aware on any news about the implementation of CAT PR Bench Order dated 1.11.2011. We can only pray and hope for the best to take place at the earliest.


    Shri Pratap Narayan has written the following in S29 group mail
    Dear Friends,

    Kindly refer to my mail dated 28th May about the proceedings in our CP on 27th May. As indicated therein, after discussion with the Advocate, last month end I filed a Misc. Application in CAT bringing out that while we are directly affected party due to non implementation of its directive dated 1-11-2011, the other MAs/CPs swarming our CP are from others who were not party to earlier proceedings but were belatedly wanting to take advantage of this order. Consequently, we had sought de-linking of our CP and give us a separate hearing.

    This MA was listed today before the bench headed by Chairman. I attended the Court. It was mentioned by the Chairman that a notice has already been issued to GOI on our CP and the matter would be heard separately on the next date of hearing viz. 19-8-2015. This is for your information.

    With regards,

    Yours sincerely,

    Pratap Narayan

  18. #278
    Member tymanagoli is on a distinguished road
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    Default Modified parity case approved by DOE

    Sirs, there is a flash news on BPS(Bharat Pensioners Samaj) at https://twitter.com/RREWA that "BREAKING NEWS: Wait is over friends,patience pays. Modified parity case approved by DOE. Arrears will be paid from 2006."

    Does this apply to only 33 years QS pensioners?
    Regards,Managoli

  19. #279
    Senior Member sundarar is on a distinguished road
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    Quote Originally Posted by tymanagoli View Post
    Sirs, there is a flash news on BPS(Bharat Pensioners Samaj) at https://twitter.com/RREWA that "BREAKING NEWS: Wait is over friends,patience pays. Modified parity case approved by DOE. Arrears will be paid from 2006."

    Does this apply to only 33 years QS pensioners?
    Regards,Managoli
    Those who were benefited by OM 28.1.2013 (effective from 24.9.2012) will be getting arrears from 1.1.2006 to 23.9.2012. Whether proportionate reduction in MRP based on length of service will exist or not, we have to wait and see once the OM is issued. Regards.

  20. #280
    Member tymanagoli is on a distinguished road
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    Default Pre-2006 pensioners with sub 33 years QS have to wait

    Sir, the OM dated 30.07.2015 does not cover pre-2006 pensioners with less than 33 years QS. Hope the authorities will implement this(OA655) and other CAT/HC decisions in spirit expressed by HSC and dispense with proportionate reduction in pension for sub-33 years QS pensioners.
    Managoli

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