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Thread: Injustice to pre-2006 pensioners in old s-29 & 30 scales(18400-22400 & 22400-24500)

  1. #1361
    Member yenyem is on a distinguished road
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    Default Injustice to pre-2006 pensioners

    Both OA Nos 937/2010 and 2101/2010 of Pre 2006-S 30 Pensioners admitted by the
    Registrar/CAT Principal Bench have been posted to 25/09/2013 for next hearing please.
    Manoharan N

  2. #1362
    Senior Member vnatarajan is on a distinguished road
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    Yes pl.

    It coincides with the date for Contempt Petition Revival filed by the Pre 2006 S29 Pensioners wrt much delayed non-implementation of the ever-green PR CAT JUDGMENT dt 1 11 2011 in our OA 655/2010 which has withstood the JUDICIAL SCRUTINY AND RVIEW UP TO THE HIGHEST LEVELS OF JUDICIAL SYSTEM OF THE COUNTRY viz Hon DHC and later Hon SC....

    Date is 25 Sept 2013.
    Same Sr Counsel for both....

    What is the delay for the GOVT TO DISPOSE THE FILE WHICH APPEARS TO BE GATHERING RUST AT THE D..E since a long time ..... NOT ABLE TO SLAM A "NEGATIVE DECISION" as was being hoodwinked again and again in the past?..... or waiting for the "USUAL GIMMICK OF FILE BEING MISPLACED OR LOST"?....

    Concerned / aggrieved Pensioners' have had enough of this drama ... Pensioners' patience can not be taken for granted....

    Hope at least the Hon Minister of PP comes up with a solution at the SCOVA meet on 20th Sept 2013.....

    vnatarajan

  3. #1363
    Senior Member dnaga57
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    Dear VN ji
    In the yesterday's case the adjournment is 'for seeking instructions to concede ot contest' by GoI lawyer.
    Let us hope good sense will prevail, in both cases...

  4. #1364
    Senior Member vnatarajan is on a distinguished road
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    Yes Shri D Naga....
    Delay of decision making is certainly a pointer to "CONCEDE" --- as the main case has withstood all legal/judicial scrutiny till the end...

    If the Govt is able to realize the futility of extending similar "INFRUCTUOUS JUDCIAL REVIEW BASED FIGHT IN THE CASE OF 20 YR PLUS PETITION ALSO, SAME FATE HAS TO BE MET BY THEM ULTIMATELY".... only time factor is against the pensioners...

    Conceding in the abve case also will save them lot of head-aches....

    LET US HOPE FOR THE BEST...

    vnatarajan

  5. #1365
    Senior Member Gopal Krishan is on a distinguished road
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    Respected Sir,

    According to my information the file has not come back to Department of Pensions. That Department had referred the file to Department of Expenditure, with their recommendations.


    Gopal Krishan

  6. #1366
    Senior Member vnatarajan is on a distinguished road
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    Yes Pl.
    Thanks Shri GK.

    FILE APPEARS TO HAVE GOT STUCK UP IN D...E AS USUAL.
    HOPE IT WILL NOT BE LOST OR MISPLACED.

    AS I UNDERSTAND, SCOVA PLATFORM ALSO COULD NOT GET ANY PROPER RESPONSE AT THE 20TH SEPT MEETING ON THE AGENDA ITEM.

    HON MINISTER'S RESPONSE IS NOT YET OUT AS A RECORD OR REPORT.....
    ....OLD PENSIONERS' ARE AT NO FAULT FOR THE "CONTEMPT SITUATION" CREATED BY THE "INDIFFERENT" WHO CARE NEITHER FOR TRUTH NOR FOR JUSTICE.

    The executive and authorities are to be blamed for driving the old pensioners' to go to tribunals and courts---that too repeatedly ....an INHUMAN HARASSMENT.....
    IN THE LAST WEEK ALONE, TWO PENSIONRES OF THIS CATEGORY HAVE BREATHED THEIR LAST.....ANY OF THE OTHER SIDE ?...


    vnatarajan
    Last edited by vnatarajan; 21-09-2013 at 02:07 PM. Reason: typo

  7. #1367
    Member Imayan is on a distinguished road
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    Pl. see this breaking news published in railway pensioner's portal :

    Contempt case for Modified Parity to Pre-2006 Pensioner
    pended to 10 Oct, 2013
    Govt directed to issue Orders or face contempt proceedings
    The contempt petition CP158/2012 filed by CG SAG (S 29) Pensioners Association came
    up for hearing before the full bench of PB CAT New Delhi today 25-9-2013. The attempt of
    Govt advocate for getting more time for filing reply was turned down by the court and he was
    told that in a Contempt Petition no new issues can be raised. The limited point was whether
    GOI will implement the CAT verdict and allow arrears w.e.f. 1-1-2006 or they should proceed
    ahead for action for contempt.
    Finally, the Bench decided to revive the contempt petition and fixed the next date of
    hearing on 10th October, 2013 - when GOI will either come up with the commitment for
    implementation of its verdict failing which charges will be framed against the concerned
    officers for contempt
    As per the purported orders, Pre-2006 Pensioners shall be entitled to arrears from 1-1-
    2006, in case their revised Pension after Sixth Pay Commission, had been fixed less than 50%
    of the sum of minimum of pay in the pay band and the grade pay in the corresponding prerevised
    pay scale from which the pensioner had retired
    It may be recalled that the CAT in its judgement on 1-11-2011, had in OA 655/2010, had
    directed to "re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006, based on the resolution
    dated 29.08.2008" and set aside the "the clarificatory OM dated 3.10.2008 and further OM
    dated 14.10.2008 (which was also based upon clarificatory OM dated 3.10.2008) and OM dated
    11.02.2009"
    Delhi High Court and the Supreme Court have already rejected the Writ Petition and SLP
    respectively of the Govt against the above Orders of the Govt.
    Meanwhile, the Govt had issued the orders vide DOP&PW OM Dated 28-1-2013, that
    the pension of pre-2006 pensioners as revised w.e.f. 1.1.2006 in terms of para 4.1 or para 4.2
    of the aforesaid OM dated 1.9.2008, as amended from time to time, would be further stepped
    up to 50% of the sum of minimum of pay in the pay band and the grade pay corresponding to
    the pre-revised pay scale from which the pensioner had retired, as arrived at with reference to
    the fitment tables annexed to the Ministry of Finance, Department of Expenditure OM
    No.1/1/2008-IC dated 30th August, 2008.”
    These orders had taken effect from 24.9.2012. The new orders as directed by CAT will
    entitle the concerned Pensioners to arrears from 1-1-2006, instead of 24-9-2012, if their
    Revised pension is less than that shown in the Table showing Minimum Revised Basic
    Pension of Pre-2006 Pensioners w.e.f. 1-1-2006

    Er. HARCHANDAN SINGH
    Secretary General
    Railway Senior Citizens Welfare Society (RSCWS)
    Vice President Bharat Pensioners’ Samaj (BPS /
    Last edited by Imayan; 26-09-2013 at 10:29 AM.

  8. #1368
    Junior Member captkhanna is on a distinguished road
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    Congratulations to all pre 1.1.2006 retirees..justice though delayed is done...we should expect orders soon.

  9. #1369
    Senior Member Gopal Krishan is on a distinguished road
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    Reference 1361.
    What happened to the other case which also came up on the 25th September, 2013? Any idea.
    GopalKrishan

  10. #1370
    Senior Member vnatarajan is on a distinguished road
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    Other case was concerning the Pre 2006 S30 Pensioners which will come up later.

    CP 158 OF 2012 - ON OA655 OF 2010 t pr bench cat on 25 Sept 2013 outcome posted at 1367.

    CONGRATULATIONS SHALL WAIT....... TOO EARLY.......

    INSPITE OF THE STRONG INDICTMENT/CONDEMNATION ON 25 SEPT 2013 OF THE INDIFFERENT ATTITUDE OF THE AUTHORITIES TO HONOUR THE JUDGMENTS AT EACH OF THE COURTS AFTER THE PR BENCH VERDICT OF 1 11 2011 AND ITS PERSISTING HARASSING ATTITUDE WRT THE AGED PENSIONERS, THERE APPEARS TO BE NO CHANGE OF HEART OR MIND OF THE AUTHORITIES.

    I WOULD NOT BE SURPRISED IF THE CONCERNED INDIFFERENT AUTHORITIES AGAIN VENTURE TO GO FOR THE REV PET - EVEN ADOPTING "UNCONVENTIONAL METHODS" - IN A VERY "UNEXPECTED LINKING MODE AND TIME' - TO "SOMEHOW' DELAY JUSTICE.

    When will they see the WRITING ON THE WALL?

    THE CONCERNED CAN RETRIEVE THEIR DIGNITY AND HONOUR IF THEY ISSUE THE ORDERS BY THE SECOND WEEK OF OCTOBER 2013 WITOUT FAIL- I REPEAT WITHOUT FAIL - .......(BEFORE I COMPLETE MY "FIFTH ANNIVERSARY" OF THIS DEDICATED THREAD ON THIS "INJUSTICE" ISSUE ON OCT 2013.....)

    vnatarajan



    PS: THEY SHALL DO WELL IF THEY ALSO TAKE ALONG THE SOLUTION FOR THE 20 YR PLUS FULL PENSION ISSUE.........
    Last edited by vnatarajan; 26-09-2013 at 05:04 PM.

  11. #1371
    Member RPGoswami is on a distinguished road
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    Hope appointment of the 7th Pay Commission will not be utilized for not implementing the latest Supreme court ruling regarding pension arrear

  12. #1372
    Senior Member vnatarajan is on a distinguished road
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    Not possible.
    VN

  13. #1373
    Senior Member Gopal Krishan is on a distinguished road
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    I entirely agree with Shri VN Sir but problem is whether the Government would also think on the same lines.
    Gopal Krishan

  14. #1374
    Senior Member vnatarajan is on a distinguished road
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    I ALWAYS OPINE; "A DOG'S TAIL CAN NEVER BE STRAIGHTENED". IT HAS TO BE CUT TO THE ROOT......

    HABITS' DIE HARD.

    "THEY" HAVE NOTHING TO LOSE.....
    DECISION MAKING EVEN AT HIGH LEVELs IS A RARITY nowadays !

    PENSION SEC MUST PUT THEFOOT DOWN AND TELL THE EXP SEC TO TAKE ACTION.
    LEG AUTH IS ALWAYS NEITHER HERE- NOR THERE- A SORT OF A TRANS....... Has no stature to impose.

    CAT-HON HC- HON SC- CONTEMPTS-SLPs AT HSC -CONTEMPTS- RPs AT HSC- CONTEMPTS - CURATIVE. AT HSC.....CONTEMPT.....THEN ONLY JUSTICE?

    vnatarajan
    Last edited by vnatarajan; 28-09-2013 at 08:29 AM.

  15. #1375
    Senior Member Kanaujiaml is on a distinguished road
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    Default Justice to Pensioners.

    Dear Shri VN.Your post 1374 above. In today's World, you cannot get even your genuine rights automatically. You have to fight persistently to achieve your legitimate rights, legitimately. That is what Pensioners have done and that is what they should continue doing so in future, too.

  16. #1376
    Member Imayan is on a distinguished road
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    I agree in toto with Kanaujiaml.
    That is why we have such a plethora of Judicial systems..starting from Munisiff court,CAT,HC and SC.
    They are there enabling us to ..." fight persistently to achieve our legitimate rights,legitimately."
    Let us continue to fight persistently and legally !

    I would venture to suggest: Meeting (1) Secretary,DOE,(2) Secretray,Pensions Deptt., (3) MOS-DOPT,(4) Finance Minister,(5) PM etc. by Delhi based Pensioners/Orgns. so that they realise the gravity and genuiness of our fight. After all people listen to "cry babies" only !
    Last edited by Imayan; 30-09-2013 at 11:11 AM.

  17. #1377
    Senior Member vnatarajan is on a distinguished road
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    Dear Shri Imayan,

    Perhaps many are not aware of the total efforts that have been made on this SCPC Mod Parity issue.

    THIS HISTORIC THREAD COVERS ONLY 75 % OF THE EFFORTS THAT ARE VISIBLE.

    1.As early as in 2009, our first President of CGS29PA did meet the sr officials of the DOPPW.
    He was scornfully and mockingly answered by a Director level official that pensioners are receiving a fabulous amount as pension and if they are feeling discontented with the SCPC orders they are free to go to courts and seek remedy.

    2.Our efforts to seek an audience with the then Hon Min of State PP- several times did not materialize. Whereas, he had gone out of the way to oblige a delegation of pre 2006 s30 oriented VIP led lobby and as a result - everyone knows what happened. This has come in court records also.

    3.Qestions raised thru MPs were replied with least sincerity and totally unconcerned explanations.

    4.NOT EVEN THE POWERFUL PRE 2006 MILTARY PENSIONERS GET AN AUDIENCE WITH HON PRESIDENT OF INDIA. AN EARLIER HON LADY PRESIDENT was REPEATEDLY on tour whenever the former sought a MEETING (well in advance) for THEIR DELEGATION (COVERING ORORP/RANK PAY ISSUE -OTHER ISSUEs).

    5.Somehow the Hon PM- after repeated OROP confrontations of the Retd Military Personnel with Hon RM , constituted two OROP HP Committees and as a result of their recos only , civilians got the S#) Scale relued/ and Min Guaranteed Pension reliefs .....

    CIVILIAN PENSIONERS HAVE NO TEETH. THE PENSIONERS FEDERATIONS/ ASSOCIATIONS ARE NOT VERY EFFECTIVE FOR VARIOUS REASONS....

    So going to Courts is unavoidable.....

    vnatarajan

  18. #1378
    Member Imayan is on a distinguished road
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    Dear Shri VN,

    Thanks for such detailed info.
    We appreciate the sincere efforts taken by you and other dedicated members who are keeping the fight "on".
    My suggestion to meet those officials was in addition to our Court action ( both ,legal methods and dispute resolution methods ).
    May be good sense will prevail on those officials / Ministers when we meet them !. We can try.

    Regards,

    Imayan
    Last edited by Imayan; 30-09-2013 at 01:15 PM.

  19. #1379
    Senior Member sundarar is on a distinguished road
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    Official Minutes of 23rd Meeting of SCOVA held on 20.9.2013 is released on 7.10.2013 and available in pensioners portal.
    The last item indicates as follows:
    Item No.(23.7)
    Extension of benefit of OM dt. 28.1.2013 w.e.f 1.1.2006 instead of 24.9.2012. It was stated that a SLP filed by the % P&PW has been dismissed by the Hon'ble Supreme Court on 29.07.2013. The Department was considering further course of action
    in consultation with the Ministry of Finance and Ministry of Law.
    (Action: D/o P&PW)

    At present, it is learnt that a Review Petition seeking review of the orders passed by the HSC in the SLP referred to above on modified parity case is filed before the HSC by the Department of Pension and PENSIONERS WELFARE

    MAY THE ALMIGHTY GIVE ENOUGH STRENGTH TO BEAR THE CONTINUOUS PAINS TO THE PENSIONERS COMMUNITY, AND I HOPE AND WISH THAT THE SAME ALMIGHTY WILL BLESS ALL OF US TO ATTAIN VICTORY AT THE EARLIEST POSSIBLE TIME.

  20. #1380
    Senior Member Gopal Krishan is on a distinguished road
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    The next date has been fixed as the Ist Novermber, 2013 by the HSC.
    Gopal Krishan

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