Monday, July 29, 2013

Is it partial-closure for the agony of civilian and defence pensioners?


The same emanated from the controversy involving the interpretation whether pension would be based on the minimum of pay within the pay-band or the minimum of pay of the pay-band itself for various grades and ranks.

The Govt had challenged the decision of the Delhi High Court by way of an SLP before the Supreme Court and it is learnt that the Hon’ble Apex Court was pleased to dismiss the SLP today thereby crystallizing the payment of the arrears of revised pension from 01-01-2006 rather than 24-09-2012.

The above would be confirmed beyond doubt only after perusing the order passed today by the Supreme Court. 


Heavy credit goes to Mr V Natarajan, President Pensioners’ Forum, Chennai, for continuing the fight for civilian pensioners.

28 comments:

  1. The long battle seems to be nearing its end with the dedicated gallant effort of few. A respectable pension is what is being asked for, no crime by any view point.

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  2. Dear Navdeep,
    Thanks for updating.
    Regards
    Col Suresh

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  3. Wish & Hope that MOD will issue orders accordingly without any delay
    without resorting to delay tactics.
    Interest also need to be paid on such arrears.
    For the time being , hope Maj Navdeep will post orders of HSC today.

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  4. @ Mr. V Natarajan, Hearty Congratulations. This is well deserved reward for your consistent resolve and tireless efforts. Good luck and all the very best for all similar endeavors in future.
    In this regard, association/support by Maj Navdeep Singh and Lt Cdr Avtar Singhji is also note/ praise worthy.

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  5. Now goverment will try some other ways to delay the implementation.

    N V Bonde
    A defence, pensioner.

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  6. As Maj Navdeep has pointed out, all the implications would be known only on receipt of full judgement of Hon'ble Supreme Court. If I recall correctly, the Hon'ble High Court in it's order had mentioned applicability of interest as well.

    I wonder how that will work out.

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  7. Wasn't this matter taken up for armed forces' pensioners through AFT on a separate track?

    It could be useful to learn of what happened to that 'notice'.

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  8. Thank you Maj Navdeep for posting the latest update.
    Can anyone please update on Disability /War injury pension increment after the pension increase with effect from 24.09.12A lot of circulars have been issued By PCDA Allahabad after 17 jan 13. letter but none of them mention about Disability pension increase . My efforts to get response from PCDA and IAF agencies failed. And the banks refuse to pay in the absence of letters from PCDA
    Thanks in advance

    Gurdeep Singh
    Gp Capt (retd )

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  9. @Anonymous:"...update on Disability /War injury pension increment...";

    I'm sure you would have seen this circular.

    But, in any case, have another look in case it meets your requirements.

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  10. Gp Capt Gurdeep Singh
    PCDA(P) circular No. 456 on disability pension has NOT been revised so far to tune with their circular No. 500..
    Hope that orders to make circular no. 500 effective from 1-1-06 will be issued shortly and on disability pension too.

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  11. Sir,

    1. Thank you very much for the latest update news

    2. We wish and hope that MOD will give the orders for the Veterans.

    Thanks & Regards
    Hony Capt KS Ramaswamy

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  12. Tha pension arrears required to be paid by ocda pensions based on the rank pay arrears given by pcdao is yet to be given.although months hae elapsed.so! i wonder when this latest
    decision by the HSC be implemened. Keep your fingers crossed.
    Ramani

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  13. Wg Cdr R G ChawlaJuly 31, 2013 at 4:00 PM

    @Anonymous. I have also tried with JCDA Airforce(Pen) as well with Dir. Air Veterans.Even my PDA has also written to JCDA(Pen) , but there has been no response.In the absence of response from PCDA/JCDA bank refuses to pay.
    R G Chawla
    Wg Cdr (Retd.)

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  14. Sir,
    Keeping view the financial implication and reluctance on the part of the govt.it will certainly buy time to pass on the monkey to the next govt. So there is little to celebrate. Still hope persists.

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  15. Dear Navdeep Sir,
    hope govt issue orders with out any delay. i also have a problem needs your advise. where to post my query? my mail id is srinivas_kotturi@rediffmail.com. hope you will contact me in my mail id.

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  16. Mr.Major(Advocate) Navdeep Singh. May GOD bless you with many more successes. It is my opinion that Govt letter of 11 Nov 2008 and 17 Jan 2013, cludes in para 5 and 3 respectively that pension to be corresponding to the prescribed scale from which pension had retired.....whereas PCDA(P)is not considering that pay scale and giving one pension to all majors (day 1 promotee as well as with 5 to 15 years major service is injustice with service of majors in that rank).Appx attached/issued by MOD seems to be defective.Disability pension is calculated as per GOI,MOD letter of 15 Feb 2011 (Table 1) pay scale/pension of Rs.28200 instead of 36410. MOD staff willfully avoided revising disability pension rate.Please Highlight.

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  17. Refer circular mentioned by corona8
    -
    PCDA(P) circular 503 does NOT mention
    at all about disability pension.
    To my knowledge, there are NO orders on Disability pension to be based on Minimum pay for the rank in the pay band, so far and Circular No. 456 is the latest authority on disability pension.
    If any one is in knowledge of any latest orders please?

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  18. Even if the enhanced pension does come through, armed forces veterans would still have to continue to battle with disparities, injustices and anomalies of the kind listed at para 4 of this blog-post.

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  19. SIR--what do u mean by partial closure in the 29 july blog --what are the details of the SC judgement--have u come to know as stated can u clarifyany chance of getting arrears from 2006 in lifetime-- regards-IC-10129 --avtarsethi37@hotmail.com

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  20. This order is partial fullfilment of OROP.

    I have filed a petition in AFT Kochi for same issue. awaiting orders.

    Jose Mathew
    Ex CPO

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  21. Wg Cdr S Govindarajan(Retd)August 3, 2013 at 11:18 AM

    The concept of weightage while fixing pension has been done away with. However in pre 2006 cases pension has been fixed taking weightage into account . As a wing commander with 20 yrs and 8 months of service (I retired on 28 feb 2002) I am not getting 50% of the minimum pay of wing commander as pension but far less than that. While I am told that the Supreme Court has ruled against such discrimination, has any case been taken up .

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  22. is this orders apply to ex service men or for civilian employees only

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  23. Dear Maj Navdeep Singh ji,

    Many thanks for highlighting the outcome of the two "super-fast SLPs" filed by the UOI against the verdicts of Hon HCs of Delhi and Punjab & Haryana, which were dismissed on 29th July 2013.

    Also thanks are due to you and other military pre 2006 pensioners who are also crusading for justice alongside for this issue and for Rank Pay issue.

    SOMEHOW BECAUSE OF NON-AVAILABILITY OF ONE OF THE HON JUSTICES OF THE PR BENCH CAT, THE CONTEMPT REVIVAL OETITION OF THE CGSAGPA COULD NOT COME UP AND THE NEXT DATE IS 25TH SEPT 2013.

    In the meanwhile, the CA filed by UOI against the AFT PR BENCH Judgment (VK Jain/Avtar Singh) may be coming up on 16th Aug 2013. Somehow the CP 64/2009 of SPS VAINS CASE / LINKED CASE LISTED ON 5 AUG 2013 IS NOW TO BE HEARD IN SEPT 2013...

    We hear the op party will continue one more try thru a RP mainly due to the rigid and inflexible attitude of the DOE ...... Perhaps another dismissal must be imminent ......

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  24. What is the latest news?
    Could any Gentleman highlight on this?ri

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  25. recently pcda pensions they asked vide circular-500 as per annexure"c" to revise the service element of war injury pensioners of pre-2006 pensioners,i have submitted as per reqd annexure to AEC RECORDS Pin 908777 c/o56 APO through DPDO-HYDERABAD, but,our records returned back.the same request send to nodal officer,pcda orop, allahabad for clarification.

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  26. Dear Maj Navdeep Singh,
    Could u kindly let all veterans as to when GOI will implement orders of the hon'able SC orders. Hope there is no appeal to delay.

    Thank you

    Lt Col (retd) CK KAUSHIK

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  27. Ex Sgt Hardev SinghAugust 24, 2013 at 10:20 AM

    Dear Sir, I had received arrears of difference w.e.f 2009 as Group X JWO but present court Ruling only mentions about 2012 (who were already paid from 2009 were excluded)It should not be that again this remain incomplete if granted for only to those paid from 2012.

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  28. LT COL(RETD) CK KAUSHIKSeptember 8, 2013 at 12:59 PM

    Dear Major Navdeep Singh,
    Hope you have gone through detailed judgment. Kindly upload for benefit of all veterans and enlighten us about consequences of the same. Thank u for your selfless service. MAY GOD BLESS YOU.

    LT COL(RETD) CK KAUSHIK

    ReplyDelete

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