Let Us Fight for Justice for all
Pre-2006 Pensioners
The New NDA Government has taken
a decision to implement the judgment on the contempt of court petition on the
Pre-2006 Pensioners case only to the members of the petitioner pensioner
organisations. It was intimated by the Government side during the hearing on 4th
July, 2014 in Principal CAT that it will implement the decision to the
petitioners. Subsequently a letter has
been addressed by the Government to those petitioner organisations asking the
details of the members to enable the Government to implement the judgment to
them only. This shows the mindset of the Government that it do not want to
extend the benefit of judgment to all pre-2006 pensioners.
This is a grave
injustice to the pre-2006 pensioners’ community which is more than 38 lakhs in
numbers.
At the same time the Government
has filed another petition on the same issue in the Supreme Court against the
judgment of another court and that hearing is coming up on 16th
September, 2014.
BCPC has written to the Honourable
Minister of State of Ministry of Personnel & P.G & Pensions of Central Government
on this matter and has demanded that all pre-2006 pensioners should get the
benefit. The letter of BCPC is produced below:
Bharat Central
Pensioners Confederation
2-13A, LGF
(Backside), Jangpura – A, New Delhi – 110014
S.C.
Maheshwari
S.K.Vyas
Chairman
Acting Secretary General
0-9868862322
09868244035
No. BCPC / Pen / Modified Parity / 2014 Dated 21st July, 2014
Dr. Jitendra Singh,
Hon’ble MOS (PP)
Government of
India,
Ministry of
Personnel & P.G & Pensions,
North Block,
New Delhi
Sub:- Implementation of order of Tribunal in regard to modified Parity.
Sir,
We would like to bring to your notice
the bureaucratic distortion of orders of judiciary which if not corrected
through your kind and personal intervention is bound to frustrate the entire
community of pre 2006 retirees numbering more than 38.41 lakhs and force them
to think that change in Government has been in vain as because the bureaucrats
are even now being have been allowed to misinterpret judicial
orders forcing affected pensioners to go to courts and thus multiply
litigations in the country. While submitting the details of this case we also
request you kindly to give us an opportunity to meet you to explain our
request.
2. The facts of the case
briefly stated are as under:-
a). The VI CPC in Para 5.1.47 of their report recommended that the
fixation of revised pension as per the table given by them “will be subject to
the provision that the revised pension, in no case, shall be lower than fifty
percent of sum of the minimum of the pay in the pay band and the grade pay
thereon corresponding to the prerevised pay scale from which the pensioner had
retired”.
b). The Government of India in their Resolution No. 38/37/08-P&PW (A)
dated 29.8.2008 accepted the above proviso by reproducing it per verbatim at
item 12 of the statement showing the relevant recommendations and decision of
the Government thereon (vide Annexure the said Resolution).
c). In Department of Pension & Pensioners Welfare O.M No.
38/37/ 08 P&PW dated 1.9.2008 same proviso has been incorporated at para
4.2 thereof.
d). The Department of Pension & Pensioners Welfare through their
clarificatory O.M. No. 38/37/08 – P&PW (A) pt. 1 dated 3.10.2008 however
modified the para 4.2 of their OM dated 1.9.2008 as under:
The
pension calculated at 50% of the minimum of pay in the pay band plus grade pay
would be calculated (i) at the minimum pay in the pay band (irrespective of the
prerevised scale of pay) plus grade pay corresponding to the prerevised
pay scale”
e). In other words in all cases it would be minimum pay of the pay band
which would be taken and not the minimum pay in the pay band corresponding to
the prerevised pay scale.
f). This clarification was challenged by the Central Government SAG
(S-29) Pensioners Association in Principal Bench of the Central Administrative
Tribunal (vide O.A No. 655/2010). This Hon’ble Tribunal in their order dated
1.11.2011 quashed the above clarificatory order of Department of Pension &
Pensioners Welfare dated 3.10.2008 and directed the respondents refix the
pension of all pre 2006 retirees with effect from 1.1.2006 based on Government
Resolution dated 29.8.2008.
g).
Government of India challenged the above decision of the said Tribunal
before Delhi High Court vide WP (C) No.1535/2012 which was dismissed by the
High Court vide their order dated 29.4.2013 upholding the decision of the
Tribunal.
Government of India then filed the following S.L. Ps etc.
(i) SLP (C) No. 23055/2013 dismissed on 29.7.2013
(ii) Review Petition (C) No. 2492 / 2013 dismissed on 12.11.2013
(iii) Curative Petition (C)No. 126/2014
dismissed on 30.4.2014
Thus the CAT verdict dated 1.11.2011 attained legal finality.
h). On 15.5.2014 the Hon’ble CAT Principal Bench
New Delhi disposed of the contempt petition No. 158/2012 directing the Union of
India to implement the directions of the Tribunal expeditiously, preferably
within three months”
3.
The Department of Pension & Pensioners Welfare in their letter No.
38/77-A/09-P&PW (A) dated 29.5.2014 written to the Secretary of Petitioner
Association (Central Govt. SAG (S-29) Pensioners Association) has stated that
as per the directions of Hon’ble CAT their order dated 1.11.2011 is required to
be implemented “only in respect of Petitioners in O.A. No. 655/2010 and not in
respect of all pre 2006 retirees as per the Tribunals order dated 1.11.2011.
There is no such direction that it should be implemented only in respect of
Petitioners. May be that Government Advocate had indicated that Government is
willing to implement the judgment qua petitioners but the Tribunal had disposed
of the contempt Petition by directing the Union of India to implement their
directions dated 1.11.2011 expeditiously.
4.
It will not be out of place to mention there that response to answer to Lok
Sabha unstarred question No. 3406, the above directions of the CAT Principal
Bench had already been implemented in respect of all pre 2006 retirees but from
an arbitrarily fixed date of 24.9.2012 (vide Department of Pension &
Pensioners Welfare O.M. F.No. 38/40/12- P&PW (A) dated 28.1.2013. It was
not restricted to members of the Petitioners Association Accordingly the
direction to implement it w.e.f 1.1.2006 has to be in respect of all pre 2006
retirees also.
5.
Bharat Central Pensioners Confederation which is the apex body of all Central
Government Pensioners Federations and All India Associations therefore appeal
to you to ensure the correct delivery of justice by implementing the above
judgment of the Hon’ble Tribunal (which had attained finality) in respect of
all pre 2006 retirees so that they are not pushed to seek justice though
multiple litigations.
Thanking you,
Yours faithfully,
(S.K.Vyas)
Secretary General
