Saturday, February 2, 2013

STATUS OF THE CASES OF PRE 2006 PENSIONERSS IN VARIOUS COURTS : AS ON 01.02.2013


STATUS OF THE CASES OF PRE 2006 PENSIONERSS IN VARIOUS COURTS : AS ON  01.02.2013
                         COMPILED BY M. L. KANAUJIA, IRSSE / Chief Communication Engineer, N.E. Railway, (Rtd.)

Item
HEARD BY
PETITION NO. & YEAR
LEAD PETITIONER
NEXT
DATE
FIXED
FOR
HEARING
              REMARKS IN BRIEF
1
CAT-PB Delhi

OA 1165 / 2011
Pratap Narain & Ors Vs. MOP/flOP
07.05.2013
Case is for modified parity plus full pension on  20 years of service w.e.f. 1.1.2006. 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. In the meanwhile, MOP,DOP&PW vide OM No. 38 /37 / 08-P&PW(A) dated 28.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band corresponding to the Table from which a pensioner had retired but prospectively i. e. from 24.09.12. Two issues are still remaining to be settled, namely, arrears from 1.1.06 and full pension at 20 years of  service as per Cabinet approved Resolution dated 29.08.08.  
2
CAT-PB Delhi

OA 2165 / 2011
KR Srinivasan & Ors Vs. MOP/flOP
 07.05.2013
Same as for item 1 above.
3
CAT-PB Delhi

OA 247 of 2012
17 Petitioners
07.05.2013 
Same as for item 1 above.
4
Lucknow HC
Ser.Ben.203 / 2010
s29 UP Officers
Pending.
The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. Heard on 15.1.13.Three weeks time allowed for filing supplementary Counter affidavit. In the meanwhile, MOP,DOP&PW vide OM No. 38 /37 / 08-P&PW(A) dated 28.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band corresponding to the Table from which a pensioner had retired but prospectively i. e. from 24.09.12. Issue remains to be settled  is for  arrears from 1.1.06   as per Cabinet approved Resolution dated 29.08.08.  
5
Delhi HC
WP(C)3359/
2010
s29,s26 Ex.ParaMil.
Pending.
The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. Heard on 15.1.13.Three weeks time allowed for filing supplementary Counter affidavit. In the meanwhile, MOP,DOP&PW vide OM No. 38 /37 / 08-P&PW(A) dated 28.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band corresponding to the Table but prospectively i. e. from 24.09.12. Issue remains to be settled  is for  arrears from 1.1.06   as per Cabinet approved Resolution dated 29.08.08.    
6
Supreme Court
Contempt Petition (Civil) 64/2009
SPS Vains, Major General & Ors.
10.06.13
The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. This case is connected to Civil Appeal 2966/2011. In the meanwhile, MOD vide letter No. 1(11)/2012-D(Pen Policy) dated 17.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band corresponding to the Table but prospectively i. e. from 24.09.12. Issue remains to be settled  is for  arrears from 1.1.06   as per Cabinet approved Resolution dated 29.08.08.
7
Supreme Court
Civil Appeal
2966 / 2011
U0I Vs SPS Vains Mj. General & Ors
10.06.13
Same as 7 above.
8
Supreme Court
Civil Appeal 8875
-8876 of 2011.
U0I & Ors.Vs. Vinod Kumar Jain & Ors
(Avtar Singh)
   04 .02.13
The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. AFT has given Judgment in favour of Pensioners but UOI has gone in appeal to Supreme Court. In the meanwhile, MOD vide letter No. 1(11)/2012-D(Pen Policy) dated 17.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band corresponding to the Table but prospectively i.e. from 24.09.12. Issue remains to be settled  is for  arrears from 1.1.06   as per Cabinet approved Resolution dated 29.08.08.
9
Supreme Court
 Civil  Appeal  5367 -5368    OF   2005
Principal Sec.(F & P), Govt. of Andhra Pradesh  Vs.   A.P. Pensioners Samaj.
Pending.
Three Judge Bench Matter. There are no further orders of listing.
10
Delhi HC
WPC 1535 of 2012
UOI Vs CG SAG s29 Pensioners Association
 29.04.2013
The case is for modified parity  i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. CAT /PB had given Judgment in favour of pensioners but UOI has gone in appeal to the High Court. In the meanwhile, MOP,DOP&PW vide OM No. 38 /37 / 08-P&PW(A) dated 28.01.13 has unilaterally issued orders accepting fixation of revised pension at 50% of sum of minimum of the pay in the pay band corresponding to the Table but prospectively i.e. from 24.09.112.   Issue remains to be settled  is for  arrears from 1.1.06   as per Cabinet approved Resolution dated 29.08.08.    





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