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Thursday, November 19, 2009

Principles laid down in ‘Union of India Vs Maj Gen SPS Vains’ case would not apply to Civil pensioners : Govt of India

The Department of Pensions and Pensioners’ Welfare has yesterday issued a letter rejecting the claims of civil pensioners and pensioners’ associations on the applicability of the judgement of the Hon’ble Supreme Court in UOI Vs Maj Gen SPS Vains.

The said department has apparently taken the decision in consultation with the Ministry of Finance and the Ministry of Law.

The ibid letter can be viewed and downloaded by clicking here.

7 comments:

VNatarajan said...

Dear Major Navdeep,
Is it based on any new judgment on any new case? Or may be to deter Civil pensioners going to Courts for justice? NO pensioner is going to fight in the Supreme Court for a comparison! It shall be in terms of Article 14/ 21 of Constitution!(I am not a legal expert). I think learned counsels like you and others must be able to guide all pensioners/ pensioners' associations to get JUSTICE in terms of equality guaranteed by the Constitution of India and the Courts upholding the dignity of the Constitution!

VNatarajan said...

Maj Navdeep/ other senior veterans,

On going thru the OM in reference again, I feel happy that something is showing up in the horizon for the Retd Maj Gens. Will u and other senior veterans go thru the said OM (18th NOv 2009)and put forth the observations?

1.Does it ensure point to point/ full parity of pension for Retd Maj Gens post 1.1.1996 (certainly!) and "thereafter" - to cover post 2006 also?

2.If the "PRINCIPLES" laid down is not applicable to CIVIL PENSIONERS ( wh only Courts will decide in future!)as per the OM, will it cover all the COs in ALL the SERVICES sector? Why cover only Retd Maj Generals/ their equivalents in other Military Services?

3.So in other words OROP ( based on point to point parity/ on last pay drawn) has to be extended to all COs - a corollary to this OM ultimately.

I and many senior pensioners here feel so.

CHEERS.

vnatarajan

Anonymous said...

GIVE ONE CHANCE OPEN THE CHAT BOX IT DOES BENEFIT OFFICERS. IF THINGS DO NOT IMPROVE STOP IT AGAIN

Anonymous said...

Maj Navdeep,

I have a query regarding family planning allowance. The instructions issued by GOI letter dated24 October 2008 say that the allowance will be related to the grade pay corresponding to the post against which the employee concerned had initially earned or will earn the family planning allowance.
In my case, i was being paid Rs 400 pm as family planning allowance. i was a substansive colonel with 20 years service befor 01 january 2006. however, I started getting this alowance when i was a lt col. CDA while adjusting this, has started giving rs 750 pm instead of rs 800 pm saying that as lt col gde pay now is 7600 for which 750 pm is the allce as per the table given the GOI letter. What is the position now after the grade pay for lt col has been enhanced to rs 8000. Also, it seems from the above rules, that the later one starts family planning, he/she is going to rewarded with more family planning allownce which is now related to grade pay.

BC said...

Dear Maj Navdeep,
Please consider the request of the officers for starting the Chat Box once again. It really hepls many. I hope those culprits have learnt the lesson.
Regards.

joe np said...

dear Maj Navdeep
my father retd as an NCO from army in 77
he is no more, my mother is in receipt of family pension
what is the max amount permissible for her to be my dependent
Col Joshi

Anonymous said...

dont open the pandora's box again.
nothing good will come of it.