Tuesday, December 3, 2013

STATUS OF THE CASES OF PRE 2006 PENSIONERSS IN VARIOUS COURTS : AS ON 01.11.2013

                      STATUS OF THE CASES OF PRE 2006 PENSIONERSS IN VARIOUS COURTS : AS ON  01.11.2013
                         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/DOP
19.12.13
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. On 12.7.13   Petitioners Advocate received suplimentary Counter Affidavit  from GOI. Rejoinder to this by Petitioners Advocate was submitted on 24.7.13.However, Sitting of Court didnot take place on 25.7.13 and next date of hearing was fixed as 17.9.13..  
2
CAT-PB Delhi

OA 2165 / 2011
KR Srinivasan & Ors Vs. MOP/flOP
 19.12.13
Same as for  item 1 above.
3
CAT-PB Delhi

OA 247 of 2012
17 Petitioners
19.12.13 
Same as for  item 1 above.
4
Lucknow HC
Ser.Ben.203 / 2010
s29 UP Officers
No further listing
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 pensioner had retired, in terms of  Resolution dated 29.08.08, effective 1.1.2006. Petitioners are pre 2006 Pensioners belonging All India Service Officers of Govt. of U.P. retired from pre revised pay scale of  Rs. 18,400-22,400. The U.P. Govt. implemented SCPC Report with certain modifications and issued G.O. No. Sa/3/1358 /Das-2010 dated 19.07.2010 fixing their revised pension at Rs. 26,500 w.e.f. 1.1.2006. The Pensioners grieance is that thier pension shold have been fixed at Rs. 27,350 w.e.f.  1.1.2006. The Court heard the case last on 1.7.2013, when as asked for by the Court earlier, UOI submitted a copy of the SCPC Report through a detailed affidavit. On 15 07 13 Pentioners filed CA to SA of  UOI. Listed for 29.7.13 and 29.8.13 but no hearing took place on those dates.

5
Delhi HC
WP(C)3359/
2010
Ex.Para Military (s29,s26)
Association Vs UOI
14.02.14
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. 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 plus grade pay corresponding to the Table concerning to pre revised pay scale from which pensioner had retired effective 24.9.12..Issue remains to be settled  is for  arrears from 1.1.06   as per Cabinet approved Resolution dated 29.08.08. Petioners submitted an application which was heard on 16.07.13. UOI wanted time to file reply which was given. Heard on 1.10.13 and Order passed by Delhi HC Bench comparising of  J. Ms Gita Mittal and Ms Deepa Sharma on 1.10.2013 : C.M. No. 10237 / 2013. "We are informed by Mr.Rohit Kr. Singh that the a Special Leave Petitioner assailing the judgment dated 29th April, 2013 passed by this  court in W.P.(C) 1535 / 2012 has also been dismissed on 29th July, 2013.  It is stated that contempt proceedings have been initiated by the  petitioner in that writ petition against the respondents for non-compliance. Ms. Saahila Lamba, counsel for the respondent seeks further  time to ascertain the position with regard to the applicability of the said pronouncement and its implementation. Last opportunity is granted   to her.   List on 29th October, 2013 on the request of the respondent." Case heard on 29.10.13 when Govt. Counsel again pleaded that a number of Central Govt. SLPs on same issue are coming up for hearing on 1.11.13 in Supreme Court and sought time to wait for the same, which was granted. 
   
6
Supreme Court
Contempt Petition (Civil) 64/2009
SPS Vains, Major General & Ors.


10.02.14
This case is for grant of Modified Parity in terms of MOP,DOP Resolution dated 29.8.2008, after including the same in Special Instructions. Petitioners are pre 2006 retirees Major Generals. MOD vide letter No. 1(11)/2012-D(Pen Policy) dated 17.01.13 has already   stepped their revised pension at  50% of sum of minimum of the pay in the pay band 4 plus grade pay and MSP, all corresponding  table of  pre revised pay scale from which they retired but w.e.f. 24.9.2012 and NOT  1.1.2006. Issue remains to be settled  is for  arrears from 1.1.06, the date of implementation of SCPC Report.On 17.10.13,during  hearing UOI sought time again and got it  till 11.11.13.
7
Supreme Court
Civil Appeal
2966 / 2011
U0I Vs SPS Vains Mj. General & Ors
10.02.14
 
This case is  same  as CP(C) No.64 of 2009 except  that in this case Petitioners are UOI & Ors. and Respondents are Pensioners. Issue remains to be settled  is for  arrears from 1.1.06, the date of implementation of SCPC Report.  Both cases are being heard  together by the hon.ble Supreme Court. On 17.10.13, during  hearing UOI sought time again and got it till 11.11.13.  
8
Supreme Court
Civil Appeal 8875-8876 of 2011.
U0I & Ors.Vs. Vinod Kumar Jain & Ors
(Avtar Singh)

   04.02.14    
 
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, the date of implementation of SCPC Report.Hearing couldnot take place on 16.8.13 and 27.9.13. Case clubbed with SLPC 18339-341. Heard on 1.11.13. Delinked from SLPC 18339-341 and case  adjourned for       
   02.02.
9
Supreme Court
Civil  Appeal  5367 -5368    Of   2005
Principal Secretary, Govt. Finance and Planning  Deptt., Andhra Pradesh   Vs.   A.P. Pensioners Samaj.
25.10.13.
Three Judge Bench Matter.
10
Delhi HC
WPC No. 4572 of 2012
All India S30 Pensioners Association Vs. UOI
DOJ
19.8.13.
Full parity case wherein  writ, order or direction sought are  : (a) setting aside the impugned judgment dated 6th March, 2012 passed by the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.937 of 2010; (b) calling for the records of the case from the Respondent Authorities; (c ) granting the reliefs prayed for by the Petitioners in their Original Application No.937 of 2010 filed before the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi; and Judgment thereof.. DHC  has obsrved  in operating paras : we set aside the impugned decision(s) dated March 06, 2012   and simultaneously we restore OA No.937/2010 and OA No.2101/2010 for  fresh adjudication on merits by the Tribunal on the claim of the  petitioners for full parity. The decision shall be rendered after giving   full opportunity of hearing to the petitioners and the decision dated  November 01, 2011 passed by the Tribunal in the case of S-29 scale retirees shall not be treated as binding upon it by the Tribunal for the  reasons on the subject of full parity the said decision  was pronounced  notwithstanding said retirees giving up the claim for full parity. The matter would be decided in remand as early as possible and   preferably within three months from today. Parties shall appear through their counsel before the Registrar of  the Tribunal in the two original applications on September 09, 2013 on which date OA No.937/2010 and OA No.2101/2010 shall be listed before the  Registrar.

11
CAT-PB/Delhi
Contempt  Petition No.158 of 2012
CG SAG (S29) Pensioners Association, Shri Satish Verma, Rtd.CE Vs. Shri RC Mishra, Sec. DOP, MOP,GOI. and Shri Sumit Bose, Sec.DOE,MOF,GOI.


18.12.13
This Petition is against non-compliance of orders passed by CAT-PB while giving Judgment in case of  OA 0655/2010 with other OAs. In view of  IR granted by Delhi HC on 21.5.12, hon.ble Court on 30.5.12 closed the case with liberty to move application  for revival of  CP as per the Orders of  hon.ble Delhi HC. Accordingly, after the dismisal of UOI Petition in Delhi HC, the revival application was put up which was heard on 24.5.13 and 28.5.13 and orders for isuue of notices to respondents  were passed. Hearing on 7.8.13 couldnot take place. Case was heard on 25.9.13. Hon.ble Court ordered for revival of Contempt Petition and fixed 10.10.13 to take up contempt proceedings. On 10.10.13, during hearing ASG himself appeared for UOI and argued citing pending SLPs in Supreme Court, for stay on contempt proceedings which was opposed by the Advocate of Association. Court did not agree for granting stay but fixed next date of hearing as 27.11.13.Adjouraned to 18.12.13 without hearing.

12
Supreme Court
SLP (Civil) 19784 of 2013 with
SLP(C)CC 12122,12366,12373,13325 & 14816.
Haryana Viduat Prasaran Nigam  Ltd & Ors Vs R K Agarwal and Ors

DOJ
28.10.13
This SLP is againsst Punjab and Haryana High Court Judgment in case of CWP No. 19641 of 2009 R K Agarwal &Ors. Vs. HVPN Ltd & Ors. dated 21.12.2012. Hearing took place wheein Haryana Advocate pleaded about Haryana Regulations for Pensioners and about financial implications which Respondents Advocate opposed.  Court was not impressed but allowed them to put up their arguments in writing for orders before next hearing which was fixed for 28.10.2013.SLPs Dismissed. No further information.

13
Supreme Court
SLP (C) 23055
 of  2013
UOI  & Ors  Vs CGSAG Pensioners Assoc.& Ors.
DOJ 29.07.13
UOI  has filed this SLP against the Delhi High Court Judgment  dated 29.4.13 in case of  WP(C) 1535 of 2012. This case was heard by Hon.ble Supreme Court on 29.07.2013 with SLP(C) CC No.13280 of 2013, UOI Vs Atma Singh  (arising out  of  P&H  HC  Judgment)  and issued following Orders of Dismissal : "We are not inclined to interfere with the order  passed  by   the High  Court.  Consequently, the special leave petitions  are   dismissed.  However, the petitioners are at liberty to raise all  points before the Tribunal as and when the appeal, including the  contempt  petition is preferred."

14
CAT-PB
OA No. 937 of 2010 and OA No. 2101 of 2010 (DHC order for Fresh Adjudication)
All India S30 Pensioners Association Vs. UOI
No further listing.
Hon.ble Delhi High Court, in WP(C) 4572 of 2012 in case of All India S30 Pensioners Association Vs. UOI has, by order dated  19.8.2013, has restored these two OAs for fresh adjudication on merits on the claim of full parity, giving full opportunity of  hearing the petitioners, without binding decision
given on 1.11.2011 in case of OA No. 655 of 2010. Delhi HC has furtehr ordered that  the matter would be decided in remand preferably within three months from 19.8.2013 and case be listed for hearing by on 9.9.2013, when both parties  would appear before Registrar of CAT-PB.Not heard on 25.9.13.

15
Supreme Court
Contempt Petition (Civil) No. 328 of 2013
N.K. Nair & Anr.  Vs Shashikant Sharma & Ors.
10.01.14
While implementing 4th CPC Report pay of Army , Navy and AF Officers upto Brigadier level and equivalent, was fixed without adding Rank Pay. Hon.le  Supreme Couart vide Judgment dated 4.9.12 had directed for refixation of their pay after adding the Rank Pay and arrears paid accordingly.  MOD issued orders on 27.12.12 for implementation of the said Judgment. CP(C) 328 of 2013 has been preferred in Supreme Court with  plea that (1) Judgment should be implemented w.e.f. 1.1.1986 and not as on 1.1.1986,(2) Minimum of  Pay in Integrated Pay Scale for each Rank of officers given in SAI 1/S/87 for Amy and equivaalent officers in  Navy and AF should also be raised,(3) Maximum of Integratred Pay scale i.e. 5,100  should also be  raised and (4) Refixation  of  revised pay  on 1.1.1996 (5th CPC) and  1.1.2006 (6th CPC) should be done again on the basis of  law set by the above mentioned Judgment of the Apex Court, now, meaning
 thereby, that, the revised pay should be refixed by adding into existing pay the admissible component of Rank Pay  or MSP, as the case may be and,payment of arrears be made,accordingly. Further, it is learnt  that the Attorney General  for India, when Govt. sought his advice, has advised, after due consideration of  the pleas in the light of  Apex Court  Judgment    to agree to plea (1) and (4) and not to agree for  (2) and (3). 

16
Supreme Court
SLP(C)CC No.18339 -341
of 2013
UOI Vs DL Vhora & Ors.
04.02.14
These SLPs (along with applications for condoning delay) have been filed by UOI against Delhi HC Judgment  dated 29.04.13 in WPC No. 2348-50/2012. (Full parity case).The case came up for hearing before HSC Bench comparising CJI and  Justice Ranjan Gogai  on 04.10.13 whereupon hon.ble Court ordered : List on 07.10.13 before an approprite Bench. On 07.10.13 the case came up for hearing before HSC Bench comparising of  Justice Nijjar and Justice Kalifulla. The Court ordered  "On the request of Mr. A.S.  Chandhiok,  learned  ASG,  list these matters along with Civil Appeal Nos.8875-8876 of 2011." Case adjourned for hearing on 01.11.13. Heard on 1.11.13 and delinked from  CA No. 8875-76.Heaard on 19.11.13 and again linked to CA No. 8875-76, delaly condoned, ordered for issuing  notices and staying bringing up contempt petition in HC or CAT.

17
Supreme Court
SLP(C) 19784
SLP (C) CC 12122, 12366, 12373, 13325, 14816, all of 2013.




H V P N L
Vs. R K Agarwal  and Other 5  Respondents


DOJ 28.10.13
These SLPs (along with applications for condoning the delay) are against P&H High Court Judgments granting Modified Parity to Haryana State Govt. Pensioners.Heard on 18.10.13. Hon.ble Court asked UOI Advocate to submit written statement before next hearing. Case was heard on 28.10.13 and following order were passed : Learned  counsel  appearing  for  the petitioners   seeks  permission to withdraw the special leave petitions with  liberty  to   approach   the   High   Court. Permission   is granted. Consequently, the  special  leave  petitions are  dismissed  as   withdrawn with the liberty as aforesaid.


18
Supreme Court
Review Petition(Civil)No. 2492  of 2013.
31861
 of 2013
UOI Ors.
Vs s29 SAG Pensioners Association
DOJ
12.11.13
This Review Petition(Civil) has been filed on 4.10.13 and is under scrutiny. This is against Judgment of dismissal given by hon.ble Supreme Court in case of UOI Vs. s29 Pen. Assoc. SLP(C) No. 23055 on 23.07.13.The RP was taken up in Chamber by the hon.ble Supreme Court and following order were passed on 12.11.13 : Delay condoned. Oral hearing rejected. No merit in case. RP dismissed.

19
Supreme Court
SLP(C) 33864 of 2013
U.O.I,SECRETARY,MIN OF COMMUNICATION&ORS Vs RAM KISHAN PANIPAT
DOJ
28.10.13
Heard on 28.10.13. Hon.ble Supreme Court passed following order : We are not inclined to interfere with the order  passed  by the High Court.Consequently,the special leave petition  is  dismissed.  However, the petitioners are at liberty to raise all  points before the Tribunal as and when the appeal, including the contempt petition is preferred.















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