Feel free to contribute on burning issues concerning the armed forces. Contributions would be acknowledged - Use the 'Comments' tab or email navdeepsingh.india[at]gmail.com. No operational/business/commercial matters to be discussed please. Legal advice/litigation related issues would strictly NOT be published or discussed or entertained. Information on this blog is opinion based and is neither official nor in the form of an advice. This is a pro bono online journal in public service related to issues, policies and benefits, and the idea behind it is to educate and not to create controversy or to incite. Be soft in your language, respect Copyrights.

Wednesday, November 13, 2013

Pension from 01 January 2006 rather than 24 September 2012 : Supreme Court dismisses the Review Petition filed by Govt of India

As most would know, the Govt had challenged before the Supreme Court the decision of the Delhi High Court wherein the judgement by the Central Administrative Tribunal granting benefit of rectification of pensionary anomalies from 01 January 2006 rather than 24 September 2012 was questioned. The order in effect and essence affected all central govt pensioners, including defence pensioners.
 

The controversy had emanated from the fact whether the benefits of the correct pension were to flow from 01 Jan 2006 which is the date from which the 6th Central Pay Commission recommendations were implemented or from 24 Sept 2012 when the Govt had decided to remove the anomalies in the pension structure after the said Pay Commission. Of course, it was held by Courts that the removal of the anomalies shall date back to the date of the inception of the said anomalies and not any later artificial date.


Incorrigible as it is, the Govt had gone ahead and filed a Review Petition in the matter urging the Supreme Court to review its order of dismissal of the SLP filed by the Central Govt.

The Supreme Court has yesterday dismissed the Review Petition filed by the Govt in the matter.


What other tricks are in the offing?  

30 comments:

Anonymous said...

Dear major navdeep, you have finished the article with the question mark--what other tricks are in the offing--..a news item appeared in times of india today that union highway ministry is likely to propose only six categories of exempted vehicles thro toll plazas..indian toll act 1901 provides for toll exemption to serving military personnel...even the supreme court had in 2006 upheld toll exemption to private vehicles of serving defence personnel even if they were not on duty..any trick to do away with this facility , should not be allowed to happen..

Mange Panghal said...

Dear Maj Navdeep,

It is surprising that Major's pension case which was to be heard on 1/11/2013 but now as per Supreme Court site no further date has been given. At this rate God only knows whether Veterans would get any justice during their life time?

Lt Col G K Mohan Rao said...

Good news. What type of people are guiding the govt who do not understand the simple logic of effective date of implementation of anomalies. God save the govt.

Natarajan V said...

Many thanks Maj Navdeep for the immediate coverage and highlight. Also for all the active support in this campaign for justice in terms of the correct implementation of the SCPC Reco related orders of the Govt. YOU MAY KINDLY BE AWARE OF THE DEVIOUS TACTICS THAT CAN BE ADOPTED EXPLOITING THE LOOP-HOLES/ WEAKNESSES/ TIME-FRAME GAPS ETC and of course EXPLOIT ALL AVAILABLE STAGES OF JUDICIAL PROVISIONS/AVENUES WHETHER THEY ARE REQUIRED OR NOT TO DELAY OR EVEN DENY JUSTICE BY DEFAULT. In the current case(s), A SIMPLE WILFUL, TAMPERING OF THE EXPRESSION "MINIMUM OF THE PAY IN THE PAY BAND (mppb)" TO CHANGE THE SAME TO MEAN/ REGULATE AS -"MINIMUM OF THE PAY BAND" (MPB), has resulted in such a long battle for justice.....Now much will depend upon the attitude of the authorities concerned ...at least to respect the system of justice, the National Litigation Policy etc ... and then decide to grant the arrears of revised pension, that is due for all aggrieved segments of pre 2006 civil and military pensioners....or will they drag on ... upto curative/ prostrating stages ...? Only time can tell....VN

Anonymous said...

dear all I feel exservicemen do not try to remain in touch with basics of problems now takethis case of CAT review petition dismissal the SC will not entertain Govt but forced them to comply the order passed and for Defence pensioners it is OROP.

Pokar Ram said...

Sir,

Thanks for updating the legal status of the long drawn case.

As rightly written ircorrigible as it is, let us await final decision from the ircorrigible people.

Imayan said...

Dear Maj Navdeep,

What other tricks ?
After rejection of Review Petition by a two-Judge bench of Supreme Court , is there any further legal remedy available to UOI ?

Ajit Singh said...

Thanks maj navdeep for update. what are other options available with babus to deny or delay payments further. has some date been fixed by SC to pay arrears or it will be at the will of babus ?

MANGE PANGHAL said...

Dear all,

UOI has lot of tricks. Hon'ble SC has left lot of room. While dismissing SLP Hon'ble SC has stated that UOI may plead their point as and when appeal is filed before CAT?The contempt petition is pending before CAT PB New Delhi. Apart from that UOI may file curative petition and IAs? It is God alone who can help veterans.

OM DUTT JOSHI said...

Thanks for the information. Pl advise what other tricks GOVT can adopt.OROP for us and CAT decision follow up for civilians. When justice will be given to ud? Any way it is a good decision

corona8 said...

Comments on this blog post can now be cross-referred to comments here.

Natarajan V said...

@ Imayan and Mange/ Dear Friends, ...."TRICKS" galore!...Even the administration in the venues of justice have no ways to chk (I think so - I am not a lawyer...but I do realize many gaps provide sufficient scope....). Most mischievous ones here are - dividing the COMMON adverse Hon HC Judgment/29 4 2013 pertaining to four WP (C) (wh, were filed against AGAIN A COMMON PR BENCH CAT JUDGMENT/ 1 11 2011)to file SLPs (at HSC) in installments!. First only one SLP is filed to become wiser if it got dismissed (to know the grounds for failure...)!. Then file an RP to test further! Also to delay. Also to escape from CONTEMPT processes if any. Then come up with filing of remaining SLPs ( in the current cases, remaining 3 SLPs are coming up at HSC on 19 11 2013. In the meanwhile resort to link the current set conveniently to some/ old pending SLPs (even if not of same color/ creed !!) taking advantage of GOK how/ what reasons -(must be some gaps in processing correctly the linkage)-The 3 SLPs were linked to Military Mod Parity SLPs and when a protest was made, de-linking was done!. But then like a bolt from the blue,.... a HITHERTO UNKNOWN SLP -UNNUMBERED EVEN AS CC... WITH ONLY A DIARY NO... IS LINKED, getting directkly "recorded in the ROP of the concerned day? ..It was bewildering how it cd happenso?....... On verification it is found that this case presumably belong to an entirely different background - and perhaps sensing our awareness, it was delinked as of now but PECULIARLY IT IS NOW LINKED TO MILTARY MOD PARITY SLPs ( a clear example of trickology/ divide-link-delink - confuse technology)..HOW CAN A "CIVILIAN" PRE 2006 HAG HC "DISMISSED TO WITHDRAW" CASE GET LINKED TO THE "AFT DECIDED PRE 2006 RETD MAJ/ EQUALS MOD APRITY" CASES , AT THE SLP STAGE?......I can go on .... but let me stop as of now....this is not to embarrass or criticize any authority/ system .... but to make aware the exploitation of gaps that leads to DELAYS AND DENIALS OF JUSTICE to poor old aged handicapped Civil and Military pensioners.....VN

Anonymous said...

correctly said supreme commander ....(President of India) here Supreme, ie Supreme Court of India. Every-time provides justice to veterans like rank pay, maj gen case, disability cases etc. One need to file the case and wait as justice would finally prevail irrespective of wordings which is manipulated by babus, I do not know the reason

Anonymous said...

@ All, the Govt can file a Curative Petition but it has to meet the stringent requirements in the Hurra case.

ESMA said...

thanks major ,
GOI ,Is tricks are very cruel one , we can hope for the best , i hope we may get in next June 2014

Anonymous said...

Thanks sr for the update......may god ( right now supreme court ) will soon finish this matter and all d pensioners get benefit of the same

J.K.Khanna IPS (Rtd) said...

Major Navdeep, would you please upload this SC Judgement?

KS Ramaswamy said...

Sir,

Good News. Please let me know that " when Our Govt give the order"
Thank you for you

Anonymous said...

Dear All

Any one can please advise on Disability Pension. After the famous letter dated 17.01.2013 making changes in so called OROP there was supposed to be corresponding increase in Disability Pension too . The old circular 456 refers.So far PCDA has not issued any instructions .
Please update the latest on the subject. .
Thanks in Advance

Gurdeep Singh
Gp Capt (Retd )

Mohan said...

If Govt. is not having sufficient fund,

why not bring the Indian money (Black money) from the foreign banks and

cut one day salary from all central and state employees and also

use the unused wealth (Gold and platinum) from the religious places that has been accumulated before independence to pay the veterans

Natarajan V said...

This is in contn. of my post dt 15 Nov 2013 earlier in this blog (VN). Technology of Trickology is yielding dividends!. On 19th NOv 2013, the authorities had their own way- linking/ delinking/ confusing and simply overwhelming the SYSTEM... with no legal inputs or constituational provisions.... In spite of the one WP related SLP & RP DISMISSAL WRT HON DHC'S COMBINED JUDGEMNT AGAINST FOUR WPs, remaining 3 SLPs have been allowed for admission with linking to AFT decided Military Modified Parity cases and also the new Pre 2006 S32 to S## upscaling SLP thru the same Military Mod Parity cases (after after a process of linking/ delinking) .etc. This was in spite of laying bare the facts to the SYSTEM!. Aggrieved are all shocked .... EVEN AFTER FINALITY HAD BEEN REACHED/ REVIVAL OF THE CONT. PROCESS AT CAT ETC IN PROGRESS, WE FIND ISSUE IS GETTING A "LEGALLY FINALISEDREVERTED ATTENTION" ... ORDERING FOR SENDING NOTICES...AND STAYING OTHER 3 SLP GROUPS GOING FOR CONTEMPT PROCESS AT LOWER VENUES .. All this one can make out from the Orders available in public domain......

LOKESH said...

Dear Maj. Navdeep ,
I follow your blog and your blog was the first one to give the news about dismissal of Govt review petition on the pension arrears from jan,2006. However you have not mentioned what will be next govt move in legal terms. What are the outcome of contempt petition. I think only the Babu's can not take such decisions the ministers must be involved. What are the legal options available to pensioners fighting this case. I want to inform all readers that there is no shortage of money in our country but mismanagement and corruption. Go through U- Tube of Dr.Subramanian Swamy to know about economy and fund management in our country.For Indian political legacy go through Nehrfamily.com
Sqn.Ldr.L.D.Sharma -Rtd

G Venky said...

sir, any fresh updates on this issue. when will the pensioner's get their arrears from 01.01.2006?

TBS said...

DEAR SIR, I READ ON THE NET THAT ANOTHER HEARING ON THE MATTER WAS TO HAPPEN IN APRIL 14. IS IT TRUE ? ANY PROGRESS ON THAT.

ESM_ TB SINGH

Randhir Sagar said...


I feel, the SC should grant 18% interest on the arrears of the pension and make GOI think twice on any further delay please.

Anonymous said...

Dear Navdeep Singh, it is a great honour & heartening to read your blog. I want a clarrification on Disability Pension. I was medically boarded out with 70 % disability and was awarded 50 % as per rule, but after 5 years till date NO DISABILITY PENSION NOR ANY REVIEW MEDICAL BOARD has been conducted even after having written to MP-5 at Army HQs. I retired in Aug 1998. Please guide me & many more who are not getting their dues. Thanks & Regards.

Anonymous said...

Dear Sir, Who is footing the bill for these petitions. The bureaucrats or is it the minister ? There ought to be some stricture against such repeated and frivolous petitions. why do the honorable courts not insist on some cash deposit as a percentage commensurate with the value of the arrears due to the aggrieved pensioners.Reg.

Anonymous said...

Waht is the latest on this. I understand that the petition hearing was sometime in Apr 2014.

Wg Cdr PK Sanyal said...

I got a very recent feed back that the final verdict on the matter has gone in our favour and Suprerme Court has already directed the Central Govt to execute its direction. Any feed back on this ?

With best wishes to all.
Wg Cdr P.K.Sanyal (Retd)

Anonymous said...

Dear Maj Navdeep,

Could you let us know present status on implementation of supreme court orders on pension wef 01 jan 2006.

Regards & thanks for looking after our interest.
Brig AK Gupta