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Thread: Discriminatory treatement of pre-2006 pensioners in fixation of revised pension

  1. #1
    Senior Member Gopal Krishan is on a distinguished road
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    Default Discriminatory treatement of pre-2006 pensioners in fixation of revised pension

    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

  2. #2
    Senior Member Gopal Krishan is on a distinguished road
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    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

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    Member Imayan is on a distinguished road
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    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 !!!!

  4. #4
    Senior Member Gopal Krishan is on a distinguished road
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    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

  5. #5
    Senior Member Gopal Krishan is on a distinguished road
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    Now this case would come up on the 30th October, 2013
    Gopal Krishan

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    Senior Member Gopal Krishan is on a distinguished road
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    Latest?
    Gopal Krishan

  7. #7
    Member Imayan is on a distinguished road
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    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 ?
    Last edited by Imayan; 13-11-2013 at 07:07 PM.

  8. #8
    Senior Member Gopal Krishan is on a distinguished road
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    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

  9. #9
    Senior Member Gopal Krishan is on a distinguished road
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    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
    Last edited by Gopal Krishan; 29-11-2013 at 09:07 PM.

  10. #10
    Senior Member Gopal Krishan is on a distinguished road
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    Next date of hering is the 16th December, 2013


    Gopal Krishan

  11. #11
    Senior Member Gopal Krishan is on a distinguished road
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    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

  12. #12
    Senior Member Gopal Krishan is on a distinguished road
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    The case would come up on the 29th Jnuary, 2014
    Gopal Krishan

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    Junior Member captkhanna is on a distinguished road
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    Unhappy

    Quote Originally Posted by Gopal Krishan View Post
    The case would come up on the 29th Jnuary, 2014
    Gopal Krishan
    The case was to come up in January. Update please..

  14. #14
    Senior Member Gopal Krishan is on a distinguished road
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    The matter has been adjourned to the 24th Februarly, 2014



    Gopal Krishan

  15. #15
    Junior Member captkhanna is on a distinguished road
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    Thumbs down Tarikh


    Thanks GK jee
    Despite a penalty imposed on government a date again!!!
    Tarikh pe Tarikh....

  16. #16
    Senior Member Gopal Krishan is on a distinguished road
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    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

  17. #17
    Member Imayan is on a distinguished road
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    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

  18. #18
    Senior Member Gopal Krishan is on a distinguished road
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    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
    Last edited by Gopal Krishan; 03-02-2015 at 03:58 PM.

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    Senior Member vnatarajan is on a distinguished road
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    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
    Last edited by vnatarajan; 28-02-2014 at 07:55 AM.

  20. #20
    Senior Member Gopal Krishan is on a distinguished road
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    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

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