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

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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.    



Comments

SANJOG MAHESHWARI said…
Does this formula not ignore the important factor: “LENGTH OF SERVICE RENDERED BY A PENSIONER IN THE POST AND PAY SCALE FROM WHICH RETIRED?” Whether in the revised or pre-revised pay band or pay scale, the duties and responsibilities of the post last held by a retiree always invariably remain the same, due weightage for the length of the service rendered in it must necessarily be given otherwise it would tantamount to travesty of justice- against all the canons of justice and fair -play. The anomalies are bound to arise when this fact is ignored, either knowingly or unknowingly. The cases for modified parity must, therefore, necessarily rest on the stage of the basic pay in the revised pay band corresponding to the pre-revised last drawn basic-pay from which a pensioner retires, so that the length of service rendered by him in the pre-revised pay scale from which retired, is appropriately given due weight age while determining his/her pension/family pension rate, entitlement and amount etc. etc. It is not clear why the pensioners have been subjected to this singular injustice when it is very clear that the duties and responsibilities of any post last held by a pensioner never change with the change or revision of pay. Invariably they remain the same. The revision of pay/ pay scale/pay-band or pension etc. have no bearing on them and as such the length of service rendered in them by the pensioners must be taken into account in fixation of basic pension/ family pension.
Further, if some basic social and societal factors and parameters are to be given due consideration, as they must in a civilized society, the rate and amount of family pension should not be diminished and the family pension, equal in rate and amount of pension, should continued to be given to the spouse of the deceased pensioner till his/ her death. Perhaps, the Hon’ble Supreme Court could, suo-motu, ask the Government to do the needful in the matter.
SANJOG MAHESHWARI
April 17, 2013 at 6:01 AM
SANJOG MAHESHWARI said…
Does this formula not ignore the important factor: “LENGTH OF SERVICE RENDERED BY A PENSIONER IN THE POST AND PAY SCALE FROM WHICH RETIRED?” Whether in the revised or pre-revised pay band or pay scale, the duties and responsibilities of the post last held by a retiree always invariably remain the same, due weightage for the length of the service rendered in it must necessarily be given otherwise it would tantamount to travesty of justice- against all the canons of justice and fair -play. The anomalies are bound to arise when this fact is ignored, either knowingly or unknowingly. The cases for modified parity must, therefore, necessarily rest on the stage of the basic pay in the revised pay band corresponding to the pre-revised last drawn basic-pay from which a pensioner retires, so that the length of service rendered by him in the pre-revised pay scale from which retired, is appropriately given due weight age while determining his/her pension/family pension rate, entitlement and amount etc. etc. It is not clear why the pensioners have been subjected to this singular injustice when it is very clear that the duties and responsibilities of any post last held by a pensioner never change with the change or revision of pay. Invariably they remain the same. The revision of pay/ pay scale/pay-band or pension etc. have no bearing on them and as such the length of service rendered in them by the pensioners must be taken into account in fixation of basic pension/ family pension.
Further, if some basic social and societal factors and parameters are to be given due consideration, as they must in a civilized society, the rate and amount of family pension should not be diminished and the family pension, equal in rate and amount of pension, should continued to be given to the spouse of the deceased pensioner till his/ her death. Perhaps, the Hon’ble Supreme Court could, suo-motu, ask the Government to do the needful in the matter.
SANJOG MAHESHWARI
April 17, 2013 at 6:06 AM
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