STATUS OF THE CASES OF PRE 2006 PENSIONERSS IN VARIOUS COURTS : AS ON 31.12.2012

                      STATUS OF THE CASES OF PRE 2006 PENSIONERSS IN VARIOUS COURTS : AS ON  31.12.2012

                         COMPILED BY M. L. KANAUJIA, IRSSE / Chief Communication Engineer, N.E. Railway, (Rtd.)

Ite m	HEARD BY		PETITION NO. & YEAR	LEAD PETITIONER	NEXT DATE FIXED FOR HEARING	REMARKS IN BRIEF
I	CAT-PB Delhi		OA 3079/2009	LR Khatana s29	DOJ 01.11.11	Modified Parity case. Appeal allowed to refix pension in 3 months as per OM dt 29.08.08.
2	CAT-PB Delhi		OA 306/2010	D L Vohra s29	DOJ 01.11.11	Modified Parity case. Appeal allowed to refix pension in 3 months as per OM dt 29.08.08.
3	CAT-PB Delhi		OA 507/2010	PPS Gambhir s29	DOJ 01.11.11	Modified Parity case. Appeal allowed to refix pension in 3 months as per OM dt 29.08.08.
4	CAT-PB Delhi		OA 655/2010	s29 pen.Association	DOJ 01.11.11	Modified Parity case. Appeal allowed to refix pension in 3 months as per OM dt 29.08.08.
5	CAT Hydrabad		OA 2413/2009	AJ Gurushanker	DOJ 09.09.11	Full parity case. Appeal disallowed.
6	AFT-PB Delhi		OA 24/2010	Lt.Com.AvtarSingh	DOJ 14.09.2010	Modified Parity case. Appeal allowed.
7	AFT-PB Delhi		OA 270/2010	Sq.Ldr. V K  Jain	DOJ 14.09.2010	Modified Parity case. Appeal allowed.
8	AFT-PB Delhi		OA 139/2009	Lt.Col.PK Kapur	DOJ 30.06.10	Modified Parity case. Appeal allowed.
9	AFT Chandigarh		OA 277/2010	Romesh Chand	DOJ 01.11.2010	Modified Parity case. Appeal allowed.
10	AFT Chandigarh		OA 312/2010	OP Singh	DOJ 01.11.2010	Modified Parity case. Appeal allowed.
11	AFT Chandigarh		OA 313/2010	MS Minhas	DOJ 01.11.2010	Modified Parity case. Appeal allowed.
12		AFT Chandigarh	OA 314/2010	YS Nijjar	DOJ 01.11.2010	Modified Parity case. Appeal allowed.
13		AFT Chandigarh	OA 325/2010	Dildar Singh Sahi	DOJ 01.11.2010	Modified Parity case. Appeal allowed.
14		AFT Chandigarh	OA 326/2010	Gurlochan Singh	DOJ 01.11.2010	Modified Parity case. Appeal allowed.
15		AFT Chandigarh	OA 327/2010	Gurmeet Singh	DOJ 01.11.2010	Modified Parity case. Appeal allowed.
16		AFT Chandigarh	OA 445/2010	Balwant Singh	DOJ 01.11.2010	Modified Parity case. Appeal allowed.
17		AFT Chandigarh	OA 476/2010	Karam Chand	DOJ 01.11.2010	Modified Parity case. Appeal allowed.
18		AFT Chandigarh	OA 257/2010	Jagdish Chandar	DOJ 25.11.2010	Modified Parity case. Appeal allowed.
19		AFT Chandigarh	OA 409/2010	N N Sud	DOJ 25.11.2010	Modified Parity case. Appeal allowed.
20		AFT Chandigarh	OA 410/2010	HS Tonque	DOJ 25.11.2010	Modified Parity case. Appeal allowed.
21		AFT Chandigarh	OA 521/2010	GS Kang	DOJ 25.11.2010	Modified Parity case. Appeal allowed.
22		AFT Chandigarh	OA 522/2010	SS Matharu	DOJ 25.11.2010	Modified Parity case. Appeal allowed.
23		AFT Chandigarh	OA 346/2010		DOJ 25.11.2010	Modified Parity case. Appeal allowed.
24		AFT Chandigarh	OA 728/2010		DOJ 25.11.2010	Modified Parity case. Appeal allowed.
25		AFT Chandigarh	OA 100/2010	SPS Vains M.Gen.	DOJ 04.03.2010	Modified Parity case. Appeal allowed.
26		CAT Patna	OA 284/2009	MMP Sinha	DOJ 28.05.2010	Full Parity case. Appeal Disallowed.

27			CAT-PB Delhi	OA 1732 / 2010	Ram Murti Raina	DOJ 25.05.2010	Prayer for reconsideration allowed but UOI has done nothing in the matter.
28			CAT Mumbai	OA 780/2009 + 8	Dr. KR Munim	DOJ 22.02.2011	Full Parity case. Appeals Disallowed.
29			CAT Ernakulam	OA 843/2010	S29 and s26 S.Parmasivan Pillai  & Ors.	24.11.2011	This prayer was for modified parity and for counting of special pay for pension allowed under DRDO letter dt. 10.10.2008. Appeal allowed to refix pension in 3 months (1) As per OM dt 29.08.08 exactly as pronounced by CAT-PB in case of OA 655 of 2010 (2) Also to count special pay allowed under DRDO letter dt. 10.10.2008, to three of the ten petitioners, namely,S. Paramasivan Pillai. A.K.Prakash and Kalaga Sriharikumari.
30			AFT-PB/Delhi	OAs 106/2009,76/ 2011 and 24/2011	Wg.Comm. V S Tomar & Ors. Vs. UOl	DOJ 07.12.2011	Petition is allowed in part and para 5 of Order dt.11.11.2008 (pension be in no case less than 50% of Minimum of the pay band plus grade pay corresponding to pay scale from which pensioner had retired / discharged, including MSP and X group pay where applicable) struck down being discriminatory and violative of Article 14.
31			CAT-PB/Delhi	Contempt No.158 of 2012	S29 Pensioners Association Vs. UOI & Ors	30.05.2012	This Contempt Petition is against Govt. which has failed to comply the orders of the CAT-PB given in Judgment in case of  OA 0655/2010.(see item 4 above). It  came up for hearing on 2.03.2012,13.03.12 and 28.03.12. On request from Pensioners Advocate, further proceedings have been postponed till 09.05.12. Further extended to 30.5.12. In view of  case in DHC (see item 61) case dropped by the CAT/PB.
32			CAT Hydrabad	OA 568/2010	s29 pensioners Dr. Kotra & Ors.	DOJ 30.12.2011	Appeal allowed to refix pension in 3 months as per OM dt 29.08.08 exactly as pronounced by CAT-PB in case of OA 655 of 2010.
33			CAT Hydrabad	0A931/2010 Clubbed With OA 568/2010	s26 Pensioners.	DOJ 30.12.2011	Appeal allowed to refix pension in 3 months as per OM dt 29.08.08 exactly as pronounced by CAT-PB in case of OA 655 of 2010.
34			AFT-PB Delhi	OA 312 of 2010	Sub.Lt. Ram Singh Vs UOl & Ors. (Pl.see item 6,7 and 56)	DOJ 02.01 .2012	Govt. has filed Civil Appeal No. 8875 & 8876 in Hon.ble Supreme Court against the Judgment of AFT-PB in OA No. 270 and 24 (see item 6,7 and 56). This case being of  similar nature, AFT-PB has therefore, adjourned the case sine-die, till the Judgment of hon.ble Supreme Court, becomes available
35			CAT-PB Delhi	OA 937/2010	s30 pensioners s30	DOJ 06.03.2012	Judgment has come on 6.3.12. s30 full parity case has been dismissed. S29 modified parity case has been held valid based on Judgment dated 1.11.11  in OA 655.
36			CAT-PB Delhi	OA 2101/2010	CG Pensioners s30	DOJ 06.03.2012	Judgment has come on 6.3.12. s30 full parity case has been dismissed. S29 modified parity case has been held valid based on Judgment dated 1.11.11  in OA 655.
37			AFT-PB Delhi	OA 408 of 2010	Wg.Comm. AK Agarwal Vs UOl	DOJ 07.12.2011	The Court ordered on 20.3.12 that “let the decision of   HSC in case of  SLP against AFT judgment in OA 106 of 2009 be awaited. Upon hearing of OA 126 , 289 and 408 on 16.8.12, AFT/PB has reserved the Judgment. Petition is allowed in part and para 5 of Order dt.11.11.2008 (pension be in no case less than 50% of Minimum of the pay band plus grade pay corresponding to pay scale from which pensioner had retired / discharged, including MSP and X group pay where applicable) struck down being discriminatory and violative of Article 14.
38			CAT-PB Delhi	OA 201/2010	M L Gulati s29 Vs UOI	DOJ 29.02.2012	Full Bench Court ordered on 29.02.12  to grant relief within 3 months as given in case of  OA 655 Judgment dt. 1.11.11.
39			CAT-PB Delhi	OA 2087/2009	Ran Vir Singh s30	DOJ 29.2.2012	Full Bench Court ordered on 29.02.12  to grant relief within 3 months as given in case of  OA 655 Judgment dt. 1.11.11. For equality with post 2006, FB Court  ordered to refer the case to Division Bench.
40			AFT-PB Delhi	OA 126 of 2011	Wg.Comm.KG Rao Vs UOl	DOJ 07.12.2011	At the request of learned proxy counsel for the petitioner, case is adjourned, at the joint request of parties. Upon hearing of OA 126 , 289 and 408 on 16.8.12, AFT/PB has reserved the Judgment. Petition is allowed in part and para 5 of Order dt.11.11.2008 (pension be in no case less than 50% of Minimum of the pay band plus grade pay corresponding to pay scale from which pensioner had retired / discharged, including MSP and X group pay where applicable) struck down being discriminatory and violative of Article 14.
41			AFT-PB Delhi	OA 289 of 2011	Lt.Col.BGV Kumar Vs UOl	DOJ 07.12.2011	At the request of learned proxy counsel for the petitioner, case is adjourned. At the joint request of parties, listed on 16th August 2012. Upon hearing of OA 126 , 289 and 408 on 16.8.12, AFT/PB has reserved the Judgment. Petition is allowed in part and para 5 of Order dt.11.11.2008 (pension be in no case less than 50% of Minimum of the pay band plus grade pay corresponding to pay scale from which pensioner had retired / discharged, including MSP and X group pay where applicable) struck down being discriminatory and violative of Article 14.
42		Pun. & Har. HC		CWP19641/2009	RK Agarwal (s29) Rtd.CEEs and XENs	DOJ 21.12.12 (SN 42 to 49 clubbed together and Judgment given)	The operating para of the Judgment states thus: “26. It is for the aforesaid reasons, we remark that there is no need to go into the legal nuances. Simple solution is to give effect to the resolution dated 29.08.2008 whereby recommendations of the 6th Central Pay Commission were accepted with certain modifications. We find force in the submission of learned counsel for the petitioners that subsequent OMs dated 03.10.2008 and 14.10.2008 were not in consonance with that resolution, Once we find that this resolution ensures that ‘the fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than 50% 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”, this would clearly mean that the pay of the retiree i.e. who retired before 01.01.2006 is to be brought corresponding to the revised pay scale as per 6th Central Pay Commission and then it has to be ensured that pension fixed is such that it is not lower than 50% of the minimum of the pay in the band and the grade pay thereon. As a result, all these petitions succeed and mandamus is issued to the respondents to refix the pension of the petitioners accordingly within a period of two months and pay the arrears of pension within two months. In case, the arrears are not paid within a period of two months, it will also carry interest 9%  w.e.f. 01.03,2013. There shall, however, be no order as to cost.
43		Pun. & Har. HC		CWP19642/ 2009	Satish Bhalla (s29)
44		Pun. & Har. HC		CWP3452/ 2010	0 P Kapur (s29)
45		Pun. & Har. HC		CWP12638/2010	M L Kansal (s29)
46		Pun. & Har. HC		CWP20725/2010	RK Sehgal (s29)
47		Pun. & Har. HC		CWP20726/2010	R K Bali (s29)
48		Pun. & Har. HC		CWP20727/2010	B K Jain (s29)
49		Pun. & Har. HC		CWP20753/2010	CK Gupta (s29)
50		Supreme Court		T.P.(C) No.56/2007 (Review Petition) Rank Pay Case.	U0I & Ors. Vs NK Nair & Ors.	DOJ 04.09.2012.	Hon.ble Supreme Court allowed appeal for grant of Rank Pay to be added to fix pension w.e.f. 1.1.1986 with 6 % interest. U0I submitted Review Petition citing financial constraints to implement HSC Judgment .UOI appeal dismissed  by HSC on 4.9.12 and   directed the Govt. that  arrears with 6 %interest from 1.1.2006 to be paid within  12  weeks.
51		CAT-PB Delhi		OA 1165 / 2011	Pratap Narain & Ors Vs. MOP/flOP	07.05.2013	Parity for 20 years service. Govt. submitted its Counter on 11.07.12. Copy of Counter received on 17.12.12 and four weeks time was allowed for submission of  Rejoinder.
52		CAT-PB Delhi		OA 2165 / 2011	KR Srinivasan & Ors Vs. MOP/flOP	07.05.2013	Parity for 20 years service. Govt. submitted its Counter on 11.07.12. Copy of Counter received on 17.12.12 and four weeks time was allowed for submission of  Rejoinder.
53		CAT-PB Delhi		OA 247 of 2012	17 Petitioners	07.05.2013	Parity for 20 years service. Govt. submitted its Counter on 11.07.12. Copy of Counter received on 17.12.12 and four weeks time was allowed for submission of  Rejoinder.
54		Lucknow HC		Ser.Ben.203/2010	s29 UP Officers	Pending.	The case was heard on 21.11.12 and following orders were passed : Dr. Ashok Nigam, learned counsel for the opposite parties prays for and is allowed four weeks further time to file supplementary counter affidavit. Rejoinder affidavit may be filed within next two weeks. List  immediately thereafter.
55		Delhi HC		WP(C)3359/ 2010	s29,s26 Ex.ParaMil.	Not listed. Updated on 30.11.12.
56		Patna  High Court		CWJC 1O757/2010	MMP Sinha, s30	Pending as on 30.11.12	Full parity disallowed by CAT Patna. Shri Sinha has appealed in HC/Patna. Last heard on 03.04.2012 but adjourned to 25.06.12.
57		Supreme Court		Contempt Petition (Civil) 64/2009	SPS Vains, Major General & Ors.	10.06.13	Modified Parity case. This case is connected to Civil Appeal 2966/2011.
58		Supreme Court		Civil Appeal 2966 / 2011	U0I Vs SPS Vains Mj. General & Ors	10.06.13	Modified Parity case. This case is connected to Contempt Petition (Civil) 64/2009.
59		Supreme Court		Civil Appeal 8875 -8876 of 2011.	U0I & Ors.Vs. Vinod Kumar Jain & Ors (Avtar Singh)	14.1.2013	This relates to item 6 & 7 above. U0I  has gone in appeal with prayer for stay  and condonation of delay. Respondents Rejoinder is now submitted. Couldnot be heard on 6.7.12.
60		Supreme Court		Civil  Appeal  5367 -5368    OF   2005	Principal Sec.(F & P), Govt. of Andhra Pradesh  Vs.   A.P. Pensioners Samaj.	Not listed Updated on 30.11.12.	Three Judge Bench Matter. There are no further orders of listing.
61	Delhi HC			WPC 1535 of 2012	UOI Vs CG SAG s29 Pensioners Association	Court No. 3 29.04.2013	This petition has been filed by UOI  in appeal and grant of stay against CAT-PB Judgment dated 1.11.11  in case of OA 655 of 2010 and three other OAs. The hearing took place on 4.5.12. 7.5.12 and 17.7.12.So far,  following orders have been passed as available on the DHC Website : (1) This writ petition has been filed against the order dated   01.11.2011 passed by the Central Administrative Tribunal, Principal  Bench, New Delhi in OA No. 655/2010 and in other OAs. We feel that it  would be appropriate that the petitioner files separate writ petitions in   respect  of  each of the OAs which were filed before the Tribunal. The  present writ petition shall be considered as the writ petition in respect  of OA No. 655/2010. The respondent-caveators are represented in the  Court. We are issuing formal notice in this matter. They accept notice.  The caveat stands discharged. The learned counsel for the respondents state that there would be no necessity to file a counter-affidavit and  they would be relying on the pleadings before the Tribunal. List for disposal on 04.05.2012. The learned counsel appearing on behalf of the respondents state  that they shall not be pressing their contempt application before the  Tribunal till the next date of hearing. (2) An adjournment slip has been filed on behalf of the respondent. Renotify on 29.11.2012.  The case was heard on 29.11.12. Respondents submitted Counters to the  Petition to put parawise reply to the Petition in writing. Court gave 4 weeks time to UOI to put up their Rejoinder. (Strong rumours were afloat amongst the litigants that Govt. may issue orders soon accepting modified parity but prospectively. Since arrears were not to be paid, ASG could not withdraw the Petition  resulting in continuation  of  the  proceedings).