HAPPY
AUGURY, ALL OUT EFFORTS TO SUSTAIN THE POSITIVE TRENDS IN SC VERDICTS
& THINKING:SC MUST RISE TO THE OCCASION IN OUR CASE TOO ON
25/3/2015& END ALL HITHERTO DELAY & DITHER BY POSITIVE VERDICT
ON TWIN BENEFITS TO PENSIONERS
PRAYERS to THE ALMIGHTY
R.B.KISHORE,VP,AIRIEF
ED(Retd),LIC,PROBUS LIFE MEMBER,044-28155810 / 098403 40591
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RKSAHNI BLOG : 1)
SC: Pension can’t be less than 50% of pay
New Delhi, March 17
In a bonanza to retired employees of the armed forces, the Supreme Court today directed the Centre to pay at least 50 per cent of the pay as pension to all of them as recommended by the 6th Central Pay Commission (CPC). A Bench headed by Justice TS Thakur passed the order while dismissing about 50 appeals filed by the Centre challenging the rulings of various high courts and armed forces tribunals (AFTs). The HCs and AFTs had struck down the office memorandums (OMs) assessing the pension amount at less than 50 per cent for some categories of pensioners.
Appearing for the Centre,
Additional Solicitor General Pinky Anand had pleaded that payment of pension at
50 per cent or more would place an additional burden of Rs 1,500 crore. But the
Bench said the pensioners were entitled to the CPC recommendations which had
been accepted by the government.
They could not be denied of their dues just because some officials, who did not even have the authority to issue the OMs, had misinterpreted the recommendations, the Bench explained.
“We have already affirmed the orders of the HCs and AFTs” in a couple of cases earlier and there was no need for the Centre to come to the SC in each and every such case, the Bench said.
Today’s order should be implemented within four months extending the benefit to all those who were entitled to pension, irrespective of the fact whether they had gone to the AFT/court or not, the Bench clarified.
In one such case, the Delhi High Court had delivered its verdict on April 29, 2013, directing the Centre to ensure that pension was re-fixed at not lower than 50 per cent of the minimum of the pay in the band and the grade pay thereon. Arrears should be paid within two months and any delay would entail 9 per cent interest, it had ruled while dismissing a batch of Centre’s petitions. The HC had said it was in complete agreement with the reasoning of the Punjab and Haryana HC in similar cases.
The Tribune
They could not be denied of their dues just because some officials, who did not even have the authority to issue the OMs, had misinterpreted the recommendations, the Bench explained.
“We have already affirmed the orders of the HCs and AFTs” in a couple of cases earlier and there was no need for the Centre to come to the SC in each and every such case, the Bench said.
Today’s order should be implemented within four months extending the benefit to all those who were entitled to pension, irrespective of the fact whether they had gone to the AFT/court or not, the Bench clarified.
In one such case, the Delhi High Court had delivered its verdict on April 29, 2013, directing the Centre to ensure that pension was re-fixed at not lower than 50 per cent of the minimum of the pay in the band and the grade pay thereon. Arrears should be paid within two months and any delay would entail 9 per cent interest, it had ruled while dismissing a batch of Centre’s petitions. The HC had said it was in complete agreement with the reasoning of the Punjab and Haryana HC in similar cases.
The Tribune
2)A
IESM CLARIFICATION
REGARDING SC JUDGEMENT
ARREARS OF PENSION TO BE PAID FROM 01 JAN 2006 TO 24 SEP 2012
Dear
Veterans
This refers to arrears paid for increase in pension
as per recommendations of 6 CPC to all employees of of central
Government w.e.f. 24 Sep 2012.
Government has already paid the
arrears to civil employees from 1 Jan 2006. However this was denied to Armed
Forces personnel on most stupid ground that the arrears will not be paid to
those who had not gone to court.
RDOA had gone to court for
arrears to be paid to Armed Forces also. The case was won but the Government
decided to file SLP against the SC judgment. The SLP came for hearing on 17
March 15, after many extensions. Honorable SC has declined admission of SLP and
asked Government to release payment of arrears w.e.f. 1 Jan 2006 within four
months. These arrears are for modified parity in pension paid w.e.f 24 Sep
2012.
Government counsel once again
told Honorable SC that the arrears w.e.f 1 Jan 2006 will be paid to only
litigants. On this plea Honorable SC had said that this will again increase
your and our work load because within few days rest of personnel will soon
approach SC for the arrears and Government will have to pay. Therefore it is
better that the arrears are paid to all personnel of armed forces.
Government
counsel appealed that Government does not have money for such large payment. On this plea again Honorable SC
ruled that if Government can loose thousands of crore in coal blocks this
payment is chickenfeed infront of that. Hence the arrears will have to be paid
within four months.
These were oral discussions in
the court, we will have to wait for formal order by the Honorable SC and the
reaction of Government on the judgment. IESM will go to court on behalf of all
personnel of Armed Forces in case Government refuses to pay arrears to all
affected Armed Forces Personnel.
Please
wait for written judgment of Honorable Supreme Court.
Regards
Gp Capt
VK Gandhi VSM
Gen Sec IESM
Flat no 801, Tower N5
Gen Sec IESM
Flat no 801, Tower N5
Narmada
Apartments
Pocket
D6
Vasant
Kunj
Nelson
Mandela Marg
New Delhi. 110070
Mobile 09810541222
New Delhi. 110070
Mobile 09810541222
Posted by M B Chandran Menon. M.com.,AIII,DME at 19:31 No comments
:
Source: The Voice of Pensioners
Source: The Voice of Pensioners
2)B)
Revision of Pension of Pre-2006 Pensioners w.e.f 1st Jan 2006
Revision of Pension of Pre-2006 Pensioners w.e.f 1st Jan 2006 as
per revised concordance Table – Hon’ble Supreme Court dismissed all appeals
filed by Govt.
Bharat Pensioners Samaj has published a breaking news in its
official website that remaining appeals filed by Govt which were pending before
Hon’ble Supreme Court on the issue of revision of pension of Pre-2006
Pensioners with effect from 01.01.2006 as per revised concordance Table, were
dismissed and as such Issue reached finality.
It may
be recalled that Govt implemented the decision of CAT, Principal Bench, New
Delhi vide order dated 1.11.2011 for revision of pre-2006 Pensioners with
effect from 01.01.2006 (after it was upheld by Hon’ble High Court and by Apex
Court subsequently) only in respect of petitioner Pensioners.
Text of Bharat Pensioners Samaj’s news release in this issue is
given below
Friends,
I am extremely happy to inform you the latest news received from
the Hon’ble Supreme Court Venue Court No. 2 through my friend Shri GN Sir and
LT CDR AVatar Singh Ji (subject to further confirmation and verification)
·
Cases concluded at around 12 Noon, 17 March 2015 at Court Hall 2
Hon’ble Supreme Court
·
All Cases Dismissed
·
All Aggrieved Segments of Pre-2006 Pensioners will be covered by
Hon’ble Supreme Court Verdict which shall be awaited in Black and White
·
Union of India sought four months time for implementation
Now we can
hope ends of justice have been met and all pre 2006 Pensioners would be getting
the revised pension with effect from 01.01.2006 based on revised concordance
table announced by DOPT in this OM January 2013.
Source:Gconnect
PRAYERS to THE ALMIGHTY
R.B.KISHORE,VP,AIRIEF
ED(Retd),LIC,PROBUS LIFE MEMBER,044-28155810 / 098403 40591
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