Mails from pensioners

Mails from pensioners,Railways,Tremendous work by Rly Pensioners,Appreciate fervour as also Major steps being taken to seal victory & secure their interests,Many AIRIEF/KMLAsthana are already seized of & Sr Counsels submissions,these core & more will thunder, We are so grateful to them--1

           R.B.KISHORE,VP,AIRIEF

Dear Friends,

There are important mails below

I am very happy that DR MC Das and Dr Ramarao and others from Railways will be taking the pensioners' issue and VII pay Commission to Railway Board

Unless we are active we will be taken for a ride

All the Railway pensioners are requested to send your views to Dr Das and Representation to the board

From my side I give my following suggestions

If they are considered agreeable they may be included

There is nobody in the Government to tell few officers of DOP&PW, Department of Expenditure and Department of legal affairs that the following issues are already settled repeatedly by the courts during the past few decades and also recently. Repeated cases on the same issues lead to wastage of government funds and man-hours of Government officials. The pensioners have no option other than incurring expenditure out of their own funds unlike the Government officials. The pensioners are subjected to mental agony and expenditure in their old age and some of them have died after prolonged illness without having the money to spend for treatment which is due to them.

The same type of arguments were made by the GOVERNMENT in various Tribunals High courts of the country and Supreme Court  SLPs RPs and Curative petition without fail, even when these courts  rejected  these arguments. The Government will come up with the same arguments again and again..

1)There should not be any disparity in pension between homogeneous pensioners

2) Whenever there is liberalization of benefits for existing officers including pay and consequent pension, Government should not deny these benefits from the date of implementation of recommendation, to past pensioners.

3) Date of creation of anomaly among the pensioners should be the date of implementation for all pensioners irrespective the date of retirement

4) There cannot be any artificial cut-off date

5) There cannot be any artificial date of implementation

6) Full parity taking into account the number of increments earned by the pensioner in his/her last post before retirement

7) Senior grade pensioner should not get less pension than junior grade pensioner

8) Whenever any judgment is pronounced, the judgment should be made applicable to all similarly placed pensioners without the necessity of non litigants going to the court for the same judgment

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The second Mail is from Sri Sundararajan who has given status of full pension for 20 years or more

I appeal to all to go through the mails before sending queries for which replies are already available in the 'Mails from Pensioners'

Regards

A Rajagopalan

From Dr 

​

M.C.DAS

Dear Ramarao garu in America,

I am sending you the copy of the reply received from Board to our representation.Similar reply is received by Mr.Mahant also to day.You can see the apathy and indifference of the Railway Board in the welfare of staff.We are the staff of Railways.We in the normal course do not have any direct contact with DOP&PW. Even the court cases are contested by the  Railways in matters pertaining to the Railway personnel.They do not even refer to DOP&PW about our representation now. We are and were under the administrative control of the Ministry of Railways and it should be the responsibility of Railway Board to have referred the case to DOP&PW sending  a copy of their reply to  our representation. I will send them a reply that they as the department controlling the Railway personnel  and from their side they should at least inform DOP&PW about the grievance. All of us are aware, though the policies are laid down by DOP&PW, responsibility for implementation lies with the Railways and none of the Circulars issued by DOP&PW can be made applicable to us directly unless it comes through the shankam of railway Board.Railways have to  give separate circulars in our case though the policy matters are laid down by DOP&PW.Are we to understand that the present Railway Board cannot understand these fundamental policies applicable to Railway Men?.It is really disgusting to see the caliber of officers sitting at the helm of affairs NOW. May I request you to think over about the lines on which we should send our reply. DOP&PW does not recognize us also. Even if the Board adopts this policy all the General Managers must send representations to Railway Board expecting this type of reply.Railway Board cannot wash off their hands just like this asking us to fend for ourselves. Now I must rethink as to why six  secretary level officers should be there as a Board if their work is that of Post Office ?

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Please put your  thinking cap on and advise us on the steps  we should take. You are aware of my views.I fought with them for fifteen years and they have to be pinned down and reined in.They should not be allowed to escape just like this, simply by telling us revision of pension is not feasible to accept. Who are they to say so if they are not the competent authority to take decision in our case.? Please react and send us your views.Reply to Board should not get delayed from our side. Have you sent your representation sir? Please send it if not sent already.It is important.

with regards, 

yours sincerely,

​​

M.C.DAS.@ 2313 HOURS. 29-8-2015.

From: Ramarao V. Bodapati

From B V Ramarao in Los Angeles,
On a Visit, on Aug 29, 2015

Dear Shri M C Das garu,

I agree with you.  Our Retired Rly. friends in
New Delhi should personally meet our
Hon'ble Minister for Railways and Members
of the Rail Board and DOPP Secretaries, and
explain the issues.  Ministry of Railways
cannot just act like a Post Office and disown
responsibility for issues relating to Retired
Railway Personnel and their families.

Since Cabinet has given time to 7th Pay
Commission till Dec 31, 2015, to submit
its Report, we should see that its Final
Report covers all the issues clearly so that
we need not have to again approach CAT and
Higher Courts for the same issues.

​---------------------------------------------------------------------------------​

> From: annavarapu.ramarao@gmail.com

> Dear Das Garu,
> Saw your message on my phone. We got late so I'm not calling now.
> I spoke with MMP Sinha today. SLP is yet to be filed by Ministry of Railways. He will be filing Contempt of Court petition in Patna HC next week.
> Annavarapu Ramarao

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From N Sundararajan​

Reduced pension for pre2006 vs full pension for post 2006

The case filed by Shri G.Natarajan and co-ordinated by Shri A.R.Rajagopalan pertain to correct minimum revised pension, i.e. corresponding to pre-revised scale from which the pensioner had retired,  w.e.f. 1.1.2006 and this case was necessitated owing to then stand of Govt. to implement Court orders only for litigants in OA 655/2010 (DOJ: 1.11.2011).  As non-litigants to the said case of OA 655/2010, the aforesaid case was filed.  Since the Govt. has issued orders on 30.7.2015 consequent on dismissal of then pending 3 SLPs on 17.3.2015, to implement for all pre-2006 pensioners, the case filed by Shri G.Natarajan will come to a favourable end.

As a pro-rata pensioner, Shri M.O.Inasu filed a O.A. 715/2012 in CAT Ernakulam Bench and it was allowed on 16.8.2013. 

Hon. HC Kerala dismissed writ petition of Govt. against the above judgment.  The pensioner was granted full minimum revised pension irrespective of his qualifying service, from 1.1.2006, but provisionally subject to outcome of future SLP, etc.

The Govt. filed SLP and the same was dismissed on 20.2.2015 and filed Review Petition which is also dismissed on Review Petition.  Originally, the CAT Ernakulam Bench while allowing full minimum revised pension, relied upon the CAT PR Bench verdict dated 1.11.2011 by treating the OMs 3.10.2008 and 14.10.2008 that contains pro-rata provisions also, as quashed 

w.r.t. pro-rata provisions also apart from correct MRP.

As on date, no appeal is pending.  The Govt. may go for a Curative Petition depending on the advice of Law Ministry or 

implement the order, i.e. will make the provisional order as permanent.  The Govt. may also implement for all pre-2006 pro-rata pensioners, as the basis is coming from CAT PR Bench Judgment 1.11.2011 which directed to re-fix pension of all pre-2006 pensioners based on Resolution dated 29.8.2008.  The Resolution did not prescribe any q.s. criteria for full minimum revised pension.

It all depends on the advices of Law Ministry and Fin. Min.  

This apart, Hon. HC Delhi in Shri S.A. Khan case gave a favourable verdict to grant full MRP by comparing with similarly situated  post-2006 pensioners,  The Govt. has not filed any appeal so far.

To my RTI query, DOP&PW replied that they want to take a final decision only after the matter attains legal finality.  

For attaining such a legal finality, the Curative Petition  is the only  remaining avenue for Govt. to exhaust.  They may go for Curative Petition or go for implementation to all pre-2006 pensioners, if their stand is only to get legal finality  which is at present existing by way of dismissal of Review Petition.

In another case by Shri P.K.Bhargavan Pillai, the CAT Ernakulam relied on their Judgment in Shri Inasu case, allowed the O.A.

After appeal, etc. in Hon. HC Kerala, the Govt. fileld SLP in HSC which too got dismissed on 16.7.2015.  No Review Petition is filed thereafter, and the pensioner had filed a contempt petition.

Incidentally, the petitioners of OA 655/2010 who are also pro-rata pensioners have filed a contempt petition as aggrieved over OM dated 19.9.2014 which is now coming up on 9.10.2015.  The case filed by Shri G.Natarajan also kept alive by the petitioners like your goodself till the revised PPO is issued and payment of arrears are released.  That case also coming up on 9.10.2015 as you have correctly said.

If the petitioners of OA 655/2010 who are also pro-rata pensioners get the benefit, all others also will get the benefit.  

Since the CAT Ernakulam Judgment that relied the CAT PR verdict 1.11.2011 has attained legal finality on dismissal of Review Petition, the quashed OMs 3.10.2008 and 14.10.2008 have to be treated as quashed also w.r.t. pro-rata provision.

Thus, there is no alternative but to implement the CAT PR verdict 1.11.2011 without effecting any pro-rata reduction in r/o those rendered less than 33 years service.

We have to wait for a month or two, before the final position emerges.  You are welcome back to motherland.

Please feel free to seek any clarification from my side and I will be happy to share whatever information I have.

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RB Kishore

VP,AIRIEF,

ED(Retd),LIC

Life Member,Probus Club

044-2815 5810 & 098 4034 0591

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