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Tuesday, October 16, 2012

1986 Supreme Court judgement on commutation of pension : Please do not spread rumours leading to chaos


Mailboxes are full of angry mails by pensioners lamenting that the Supreme Court had rendered a judgement in the year 1986 directing the government to restore the commuted value of pension in 13 years rather than 15 years and that the govt had still not taken steps to implement the said judgement. Some have even suggested that contempt petitions should be filed in this regard and that the govt should be taken to task.

This is totally incorrect.

The judgement of the Supreme Court has been fully implemented and is being totally misinterpreted since it nowhere states that the commutation would take place in 13 years rather than 15 years.

The issue being addressed by the Supreme Court was that commuted pension was not being restored by the Central government and many State governments. With the intervention of the Apex Court the matter was resolved and the system of restoration of pension was introduced.

The govt however had sought to bring about a distinction between civil and defence pensioners which the Supreme Court disapproved and ordered that the rules applicable to civilian pensioners would be extended to defence pensioners too.


Thereafter, the Central Government fully implemented the judgement as a result of which full pensions are being restored.

The controversy of restoration at 13 years was brought into fore in the past too by ambiguously pressing into service the concept of weightage and parts of the pension regulations but the matter was again put to rest by a Division Bench of the Punjab & Haryana High Court in its judgement rendered in the year 2009 which can be downloaded by clicking here. The modalities of the issue have been again discussed fully and in detail in the ibid judgement.

To put it succinctly, the Supreme Court judgement in the Common Cause case of 1986 stands fully implemented by the government. Veterans are requested to kindly ignore mails, tables and unwieldy technical details floating around.

By floating imaginary amounts and the like, anger and frustration is being unnecessarily fanned which serves no purpose. Senior veterans should act responsibly before jumping the gun since this leads to a sense of hopelessness and despair even when it is not justified. This also provides a handle to anti-military elements to show the defence community in an imbalanced and unsteady light, which, most should agree, is a path less than desirable. 

Please do not send me individual mails on the subject. Whatever needs to be stated, discussed or clarified may kindly be placed in the comments section of this post. 

19 comments:

Anonymous said...

Hope this reduces, better eliminates, the headlong rush to get more arrears.

PBOR said...

सब को सन्मति दे भगवान!!

Anonymous said...

Thanks for enabling the visitors to to read the aforesaid judgements .There is absolute clarity on the issues. Also ,we find how the judgements ,convincingly bring out the issues and the considerations inherent in GOI orders-of that period.Whereas, these days GOI orders are full of violations,inconsistencies , ...etc -expecting individuals and asso to derive legitimate Rights/dues through judicial processes.If every issue is to be adjudicated/derived through judicial processes ,why should the NATION have the luxury of such huge est of adm systems?????. ex -rank pay and related issues ,awaiting orders from GOI ,consequent to supreme court judgement of 4 sep 2012.Real issues will be brought out at appropriate time. thanks ..bala ,since i find difficulty in trans mission through the name i keep sending as anny, my e mail add-abgreddy1@gmail.com

WG.CDR.V.SUNDARESAN(RETD) said...

Dear all, seasons greetings. First, too many issues are floating around; and they seem to be all inter-linked some how or other.
Ex. the rank pay case-on one side the SC's judgement has to be implemented by 04/12/2012. next the famous OROP. the GOI has approved; but ho to do that implementattttttion is still a mystery. next, fixation of pay from 1986 for all ranks. again ome confusion as to fix it at the minimum of pay band with in pay band. again the arrears, whether to give from 1986 or 1996 or 2006 or 2008 or 2012.
I think babus may take advantage of this handicap and play hell in our benefits.
Only maj. dhanapalan and col sharma (RDOA) can solve these issues.
i suggest the GOI, especially, RM/PM can detail these two officers to sort out and be given enough incentives and honorarium.
v.sundaresan

COL LAMBA said...

1.FIRSTLY extract of SC JUDGEMENT;"AND SINCE COMMUTATION PORTION OUT OF THE PENSION IS
ORDINARILY RECOVERED WITHIN ABOUT 12 YEARS, THERE IS NO JUSTIFICATION FOR FIXING THE PERIOD AT 15 YEARS"
2, SECOND CALCULATION IN SUPPORT OF ABOVE;9.81,Rs. 100
Commuted value paid Rs.11,772/­
Amount recovered in 12 years
Rs.14,400/­
Amount recovered in 15 years
Rs.18,000/-
Excess Amt. Recovered in 12 years-representing interest on decreasing principalRs. 2,628/-
Excess recovered in 15 years
Rs. 6,228/-
3,THIRDLY extract" GOVERNMENT HAVE TAKEN THIS DECISION AS AN ACT OF GOODWILL TO PENSIONERS AND TO ’EXTEND TO THEM SOME MEASURE OF RELIEF IN THE EVENING OF THEIR LIVES. IT IS SINCERELY BE- LIEVED THAT THERE WILL BE NO FURTHER DEMAND ON THIS ISSUE AND THAT THE PENSIONERS WILL ACCEPT THE DECISION OF THE GOVERNMENT WITHOUT DISSENT OR RESERVATION. (IV) THE DECISION WILL TAKE EFFECT PROSPEC-TIVELY (FROM APRIL, 1, 1986)."501
4. NO IMPLEMENTATION LETTER HAS BEEN ISSUED SO FAR.NONE OF PENSIONER GOT BENEFIT OF 2 YEARS FROM 1986.
5, THE SC ORDER NOR CONTESTED SO FAR. A LOWER COURT HC CANNOT OVER RULE DECISION OF UPPER COURT
6.IN 6TH CPC COMMUTATION % HAS CHANGED IS A SEPRATE CASE
7. WHO WILL PAY LOSS OF OLD VETERENS OF TWO YEAR AMOUNT +INT
8. KINDLY PUT ACROSS POINT AS ADVOCATE & DONOT GIVE RULING LIKE A JUDGE.MOREOVER DO NOT MISGUIDE THEM,BE HELPFUL TO THEM
9. JUDGE HAS TO SEE ADMIN ,EXECUTIVE & LEGAL ANGLE TOO

Navdeep / Maj Navdeep Singh said...

Col Lamba (not the real name though),

You have spread enough disinformation on the issue, now please take it easy.

The SC in its judgement nowhere says that there is no justification in fixing the period at 15 years.

You have merely quoted the contentions of the Petitioners recorded in the judgement and not the operative part of the judgement or the opinion of the Court. The following is the complete line which you have chosen to partly reproduce:-

"5. The petitioners have contended that the commuted portion out of the pension is ordinarily recovered within about 12 years and, therefore, there is no justification for fixing the period at 15 years."

The implementation letters have already been issued and that was more than 2 decades back. The High Court has not overruled the SC decision and has merely reiterated the correct position since there was no direction to restore commuted portion in 12 years. As stated above, the reference to 12 years was not a part of the Court's opinion or decision but only the recording of the contention of the Petitioners in the order.

And thank you for the kind and considerate words.

V Natarajan said...

Retoration for commutation of pension remains at 15 yrs. No chnge so far as I know. Efforts made to reduce to 12 years have failed so far.

Aerial View said...

Col Lamba's fusillade lays bare the layman's interpretation of an issue that was resolved decades ago. Similarly, there are loose cannons about the 6% interest lost for 2 decades, but the correspondents are silent on the fact/truth that Maj Dhanapalan did not get interest from 1986 to 2005 (20 years almost)when he was paid by UoI.
We must ask for our rights but not be dictated by greed.
And my hats off to Maj Navdeep for his cool, balanced and measured reply.
I pray good sense prevails.

Anonymous said...

Maj Navdeep
kindly post details of orders,if issued ,on-
1. OROP--- improving / bridging gap between pre and post 1-1-06 pensioners
2. Rank Pay- revision of pay wef 1-1-86
3. Broadbanding / rounding off percentages of disability - extending the benefit to pre 1-1-06
retirees ESM
Thanks

COL LAMBA said...

EITHER YOU POST MY COMMENT APPENDED BELOW OR REMOVE ALL YOUR COMMENTS & ARTICLE AS THOSE ARE VINDICTIVE & INSULTING ,SUCH A THING WAS NOT EXPECTED FROM YOU & NOTE FOR IMMEDIATE ACTION
COMMENTS BY COL LAMBA
1. YOU BEING AN EX OFFICER + ADVOCATE HAS MENTIONED IT IS NOT MY REAL NAME. MAY I KNOW YOUR BASIS FOR THIS. KINDLY NOTE IT IS MY NAME[COL LAMBA] & I CAN SEND YOU GOVT LETTER ON THE SUBJECT. BETTER DO NOT TRY SUCH A THING WITH ANY OFFICER/MAN
2. AS REGARDS DIS INFORMATION . PERSON OF MY STATURE WILL NOT DO. I HAVE ONLY PASTED THE EXTRACTS OD COURT & PENSION DOCUMENTS
3.THE POST JUDGEMENT IS NOT CLEAR,BUT INFERENCE CAN BE DRAWN FROM CONTINUTION OF CASE,THE POST JUDGEMENT"THIS DECISION OF THE RESPONDENT WAS COMMUNICATED TO THE LEARNED ATTORNEY GENERAL BY A LETTER DATED 20.3.1986 READING
THUS:"I AM GLAD TO INFORM YOU THAT GOVERNMENT HAVE TAKEN A DECISION IN THE MATTER OF RECOVERY FROM PENSION TOWARDS COMMUTED VALUE OF PEN-SION. THE DECISION IS AS FOLLOWS:(I) RECOVERY FROM PENSION PAYABLE EVERY ONTHHTTP://JUDIS.NIC.IN SUPREME COURT OF INDIA PAGE 4 OF 5 TOWARDS COMMUTED VALUE OF PENSION WILL STOP ON THE COMPLETION OF 15 YEARS FROM THE DATE OF RETIREMENT ON SUPERANNUATION OR ON THE PEN-SIONER COMPLETING THE AGE OF 70 YEARS, WHICH- EVER IS LATER.(II) THE FORMULATION WILL APPLY TO ALL CIVIL- IAN PENSIONERS IN WHOSE CASE THE AGE OF RE-TIREMENT ON UPERANNUATION IS 58 YEARS AND THE
PERSONNEL OF ARMED FORCES IN WHOSE CASE THE RETIREMENT AGE VARIES IN ACCORDANCE WITH THE COLOUR SERVICE PRESCRIBED FOR THE RANK (AT-TAINING THE AGE OF 37/38 YEARS OR MORE).III) GOVERNMENT HAVE TAKEN THIS DECISION AS AN ACT OF GOODWILL TO PENSIONERS AND TO ’EXTEND TO THEM SOME MEASURE OF RELIEF IN THE EVENING OF THEIR LIVES. IT IS SINCERELY BE-LIEVED THAT THERE WILL BE NO FURTHER DEMAND ON THIS ISSUE AND THAT THE PENSIONERS WILL ACCEPT THE DECISION OF THE GOVERNMENT WITHOUT DISSENT OR RESERVATION. (IV) THE DECISION WILL TAKE EFFECT PROSPEC- IVELY (FROM APRIL, 1, 1986)."501
4.KINDLY LET ME KNOW THE GOVT LETTER 2 DECADES WHICH YOU ARE SAYING HAS TAKEN CARE OF
5.KINDLY SEE YOU HAVE BEEN MISGUIDING PEOPLE[OLD RETIREES] OR NOT
A]RANK PAY CASE>YOU WANTED MAX NUMBER OF OFFICERS SHOULD PUT COURT CASES,& NUMBER OF TIMES RODA YOU TOLD TO STOP ,ELSE IT WILL SPOIL CASE.BUT YOU MAINTAINED OTHERS WILL NOT GET BENEFIT & STILL WANTED MORE CASES BE FILED.THANKS TO RODA
B]NOW ON CAT CASE DUE ON 29 NOV.YOU HAVE BEEN TELLING THAT IT WILL BE ONLY FOR CIV AS THEY HAVE REPRESENTED.[ YOU MAY BE RIGHT FROM LEGAL MINUTE ANGLE ,BUT JUDGE HAS TO SEE IN ADDITION TO JUDGEMENT THE ADMIN & EXECUTION PART.NO JUDGE WILL LIKE HURDLES FOR COURT OR GOVT] .SO SC JUDGEMENT ONCE PASSED IS APPLICABLE TO FULL NATION] IN MY VIEW,DO TELL ME IF I AM WRONG]
C] RECENTLY AFTER RODA CASE YOU ARE PREACHING MORE ADVOCATES SHOULD BE USED FOR CASE NOT DHARNA AT JANTER MANTER.THE REASON YOU MAY BE KNOWING THE BEST
D.] YOU SHOULD KNOW WHEN SC JUDGE GIVES RULING IT IS APPLICABLE TO INDIA & VARIOUS SIMILAR CASES ARE COVERED.NO NEED TO FILE ENDLESS CASE[YOU MAY BE KNOWING IT BUT BETTER]
5. KINDLY HELP OLD RETIREES .TO TELL YOU I AM NOT EFFECTED & IN 7th CPC 13 YEAR RESTORATION IS COMING & I AM COVERED INTHAT'
WITH BEST WISHES

Shyam S S said...

WOW... Look at our great Nation :
Government Sanctions 40 days Bonus for all employees...including defence soldiers...
Postal employees threaten to go on strike- Days increased to 60 for them...
Railway employees take out rally today... Days increased to 78 for them...!!!
The Brave Indian soldier standing in the cold shivering border in Kashmir, DOESNOT HAVE THE RIGHT to have union or take out rallies... He will get the 40 days Only...
Wonder what our Generals are doing ???????????
Ashamed to be part of such a organisation.. :-(
WOW... Look at our great Nation :
Government Sanctions 40 days Bonus for all employees...including defence soldiers...
Postal employees threaten to go on strike- Days increased to 60 for them...
Railway employees take out rally today... Days increased to 78 for them...!!!
The Brave Indian soldier standing in the cold shivering border in Kashmir, DOESNOT HAVE THE RIGHT to have union or take out rallies... He will get the 40 days Only...
Wonder what our Generals are doing ???????????
Ashamed to be part of such a organisation.. :-(

Navdeep / Maj Navdeep Singh said...

Dear Col Lamba,

Though your comments are highly objectionable, still I'm posting them seeing your eagerness to see them on the computer screen.

And for the record, I and the RDOA were the only ones shouting from the rooftop asking people NOT to file individual cases for rank pay. And also just to let you know, I have NOT filed a single case for any officer in any High Court or AFT on the issue of rank pay.

That said, please spare me of your distasteful comments in CAPS.

Thank You

COL LAMBA said...

DEAR
I HAVE NOTHING TO SAY MORE,WHAT I SAID IS AS PER YOUR BLOG AT DIFFERENT TIME.SI IF IN CASE IT WAS OBJECTIONABLE ,THAN WHY BEEN LOOSELY COMMENTED YOU HAVE NOT TAKEN A CASE IS DIFFERENT MATTER,ANY HOW WE CLOSE CASE. WHEN I GET GOVT REPLY I WILL SEND IT TO YOU
with best wishes & no ill feelings .WE ARE BROTHER OFFICERS

Harry said...

a@Col Lamba,

Sir,

1. If I accept that you are indeed a Col (serving/retd) then I also expect some basic levels of norms/decency from an offr holding the rank of a col in IA. Sadly your posts leave much to be desired. Remember we all can have disagreements/divergent views but can still convey our points w/o hurting/demeaning other person.

2. Ans yes, comments with CAPSLOCK ON are really jarring. Pls don't forget to turn CAPS Lock off.

Thanks

PS:- No offence meant to you personally. Pls take it in right spirit.

COL LAMBA said...

DEAR HARRY &Aerial View
I HARRY IS ANNOYED WITH CAPS LOCK & NOT ABOUT FACTS & FIGURE,DEAR EYE PROBLEM SO CAP LOCK> NO ISSUE
2, DEAR AERIAL VIEW ,YOU NEITHER KNOW FACTS NOR HAS KNOWLEDGE,BUT JUST BUT IN FOR REASON KNOWN TO YOU BEST .YOU HAVE MADE MOCKERY OF YOURSELF IN NET.AXED OWN FOOT
3.IT SEEMS GOVT HAS NEITHER ISSUED LETTER NOR RESOLVED PROBLEM OF RESTORATION OF PENSION IN 12 YEARS.'
4. KINDLY SEE THE TRADE UNION HAD DHARNA & GIVEN DEMANDS TO PM
Mass Dharna by Bharat Pensioners' Samaj


New Delhi: On 11.102012 Bharat Pensioners’ Samaj staged a ‘Mass Dharna’ of Central Government Pensioners including Railways & defence from 11.00 A.M on wards at Jantar Mantar here today to press their long pending demands over three hundred delegates from every part of the country representing over 7 lac pensioners participated
The main demands include:
(1)Early implementation of C.A.T/Principal Bench, New Delhi’s Order dated 1-11-2011 regarding implementation of modified parity to pre 1-1-2006 central govt. pensioners and family pensioners with payment of arrears thereof from 1-1-2006 onwards
2)50% dearness relief merger benefit to pensioners w.e.f.,1-1-2011
3)Restoration of commuted portion of pension after 12 years instead of present 15 years
(4)Raising of fixed medical allowance to Rs.1200/- p.m.
(5)Withdrawal of new pension scheme introduced w.e.f.,1-1-2004,etc
(6)An effective grievance redressal mechanism have strict time line with punitive clause
(7) Minimum Pension of Rs 3500/- to all superanuated persons including ex-gratia & EPS95 beneficiries
(8)Medical attendance &treatment facilities to all superannuated Persons
A Memorandum containing the demands was submitted to the Hon’ble Prime Minister of India.
NOTE: KINDLY BEHAVE LIKE GENTLEMAN & DO NOT DO MUD SLINGING WITHOUT ANY CONCRETE FACTOR
BEST OF LUCK

Air Martial said...

Dear Col Lamba, I thank you for sitting in judgment over me.

I request your calm (repeat) calm attention to this paragraph on page 4 of the judgment:-

ORIGINAL JURISDICTION: Writ Petition No. 3958-61 of 1983.
(Under Article 32 of the Constitution of India)
H. Salve, P.H. Parekh and P.K. Manohar,for the Petitioners.

P.P. Singh, R.D. Agarwala, Ms. S. Relan, C.V.S. Rao, L.R. Singh
and S.R.Srivastava for the Respondent.

The Judgment of the Court was delivered by RANGANATH MISRA, J.

"We are, therefore, of the view that no separate period need be fixed for the Armed Forces personnel and they should also be entitled to restoration of the commuted portion of the pension on the expiry of 15 years as is conceded in the case of civil pensioners. And for them too the effective date should be from 1.4.1985."


Anonymous said...

33surprised at the very low level of activity on this blog as well as chatroll. so many issues. either we have given up or there is nothing left to discuss and ponder over.

navdeepji,
nffu and grade pay issues, last heard that both are clear from all quarters and going to be announced soon. no news still.

rank pay issue nothing heard for long from you.

silence is killing sir? please bring in some positivity...

Anonymous said...

@anonymous 28 Oct 2012,
Holidays in MoD and Service HQ.

Some (optimists) are counting the increasing amount of arrears; others (pessimists) are counting the decreasing days to the deadline.

But everyone hoping to have an additional amount for Diwali better make alternate plans.

synapse said...

Does anyone know the latest update on revision of pension of pre-2006 pensioners following the CAT judgement last in Nov 2011.

Thanks