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Tuesday, April 22, 2014

Government bent upon prolonging the agony of military & civil pensioners: Files curative petition in the Supreme Court challenging grant of pensionary benefits from 01-01-2006

The officialdom has reached nadir. 


Such is the state of affairs that judicial verdicts are overridden by administrative egotism. So sad is the situation that executive pride overtakes what is logical, prudent or just. And the political executive remains a rudderless rubberstamp. 

As many would know, there were anomalies in the fixation of pension of pre-2006 central govt retirees with effect from 01 Jan 2006 and the question was whether pension was to be calculated based on the minimum of each grade/rank within the newly introduced pay-bands or on the minimum of the pay-band itself. The said anomaly was resolved by way of judgements of the Central Administrative Tribunal (CAT) as well as Armed Forces Tribunal (AFT) which inter alia ruled that pension would be calculated on the basis of minima of each rank/grade within the pay-band. The judgement of the CAT was challenged by the Govt before the Delhi High Court. In the meantime however, the Govt itself removed the anomaly but granted the benefits from 24 Sept 2012 rather than 01 Jan 2006 which was the date of the inception of the anomaly. The verdict of the AFT was challenged by the Govt before the Supreme Court.

Hence the exact controversy now stood narrowed down to whether the benefits of the correct pension were to flow from 01 Jan 2006 which was the date from which the 6th Central Pay Commission recommendations were implemented or from 24 Sept 2012 which was when the Govt had decided to remove the anomalies in the pension structure after the said Pay Commission.

The controversy was resolved by the Delhi High Court which directed that after removal of the anomaly, the pension arrears were to flow from 01 Jan 2006 and not from the future artificial date of 24 Sep 2012. Never to respect well-rounded judicial verdicts, the Govt challenged the decision of the High Court before the Supreme Court, however the Supreme Court was pleased to dismiss the SLP filed by the Govt in July 2013.

Ego-fuelled highhandedness is what the system is known for though. They were not to rest. How could the Courts hold the hands of old pensioners? The Govt is always right. Govt policies are sacrosanct and sacred, or so the system believes. And hence they went in for a Review Petition before the Supreme Court urging the Apex Court to review its order dismissing the Union of India’s SLP. Meanwhile, without properly disclosing the dismissal of the SLP, the Govt filed many more similar petitions before the Supreme Court and got them tagged with the military pensioners’ matters which dealt with the same subject. 

Things were not again smooth for the mighty Union of India and the Supreme Court was pleased to dismiss the Review Petition filed by the Govt against the pensioners.

In any democracy, this would have meant closure to the agony of litigating pensioners. But no, that is not how things work in our country, now the great Union of India, our very own Central Govt, has filed a Curative Petition against the same verdict. Hence, three rounds of litigation before the Supreme Court itself. 

The Curative Petition has already been docketed in the Supreme Court and is numbered as Curative Petition (Civil) No 126 of 2014. It has not yet been listed for hearing.

The Curative Petition is not an ordinary remedy and is usually meant to cure ‘gross miscarriage of justice’, but then for the capable and worthy officers of our Central Govt, the grant of correct and legal pension to its military and civil pensioners is ‘miscarriage of justice’.

25 comments:

commander said...

Are the concerned Ministers and Secretaries are aware of this? It appears that Government is run by low rung Office Superintends?
What a pity ? I thought we had only we had Proxy PM and not aware that we have proxy ministers and secretaries

Natarajan V said...

Well done Maj NS ji,
Thanks a lot......Was expecting this write-up since ling...and your timing is perfect......LET US SEE WHAT HAPPENS IN THE NEXT FEW DAYS.....

Harry said...

@ Maj Navdeep

Sir,

1. Thanks for the post.

2. Just shows how callous and tyrannic the est/GoI has become for the hapless and aged Senior citizens, mil and civ alike.

Nauseating!



Anonymous said...

It looks like ministers are busy with election process and bureaucratic India is in full action.

dattatreyahg said...

It is of only limited use discussing this/ these issues of injustice among ourselves. They should be addreseed to the entire nation. All Newspapers,TV Channels should be requested to do the needful.

MANGE PANGHAL said...

Mange Panghal said....

Dear Maj Navdeep,

Thanks a lot. You had already hinted in your earlier write up about mischief by Central Govt. Now we have to wait for change of guard and attitude after 16 May 14.

May God bless you.

Anonymous said...

Dear Sir, Thanks for the post. Lets hope for positive results.
wrgds Manjit Singh

Anonymous said...

Dear Sir,
Indeed , the concerned ministers are busy in the GE and it may be a move of the staff to harm the UPA-II.
captgdsingh

Hrishikesh said...

Dear Major Saheb,
Thank you so much for bringing about the latest on the subject.After having gone through your elaborations,a few questions are constantly biting me and those are as follows:-
(a) It is evident that the Anomaly has been caused by the Bureaucracy in different Ministries by way of misinterpreting the 6CPC recommendations(Modified Parity) and if so,how the same Bureaucracy are time and again approaching the Court of Law,shamelessly, to get the verdict in their favor?
(b) Do we at all have any mechanism to monitor the Quality of Work of the Bureaucrats in various Ministries?
(c) If item at serial(a)above is correct,why the concerned staff of Bureaucracy is not pin pointed and punished?
(d) Are the Veterans considered to be in the category of ORPHANS?
(e) Is there any office responsible to look into the welfare of the veterans? If there is any, what exactly they have been doing in this regard?
(f) Apex Court had given the verdict in favor of the Veterans after a lot of deliberations and an in-depth study of the case,as such,why it was not possible for them to reject the Curative Petition of the Union of India which is factually Irresponsible and Illogical?
I strongly feel that the issue need be persuaded further by a Very Effective Judicial Personality to fetch justice for a large number of Veterans and if I am not wrong, you are definitely the Right Person Sir.
With deepest regards.

SANTOKH said...

SHAME SHAME SHAME.
ESPECIALLY FOR THOSE WHO FEED THEIR FAMILIES ON THE FAT FEES OF APPEALS

ajit singh said...

Maj Naveep Singh thanks for updates.Likelihood, SC will be pleased again to dismiss the curative petition. Things at Centre lever seems unwell, as in recent past SC had to pass verdicts/overruled on subjects like coal blocks,disqualification MP and MLA. In this case, concerned officer who decided to file curative petition, has certainly achieved his aim like ie Delay the case as far as possible, Cause further agony to retired persons, Favored Govt to withhold amount of arrears and given a reminder to the minds of affected retired voters to rethink before they press button for the present Govt.

Ranjeet Singh Chordia said...

I cannot think of any other Army whose members are treated as shabbily by an insensitive Babudom whose members are so alert to their own needs and creature comforts.Not only are the Services people denied their due when in uniform,their retirement also does not insulate them from this animus.
Lt Col Ranjeet S Chordia (Retd)

Natarajan V said...

Dear Interested, The Curative Petition (Civil) has been listed for 30 April 2014. On the very day there is the Contempt Petition 158/ 2012 proceedings before the PR BENCH CAT , to continue arguments by the Govt Counsel left unfinished on 3 April 2014 due to time-factor. ..Inevitable that the CP at CAT gets ...........

Navdeep / Maj Navdeep Singh said...

All above.

You must appreciate that the curative petition has not been filed against military veterans but against civilian pensioners.

Yes, it does affect the cases of military pensioners also. But to say that only veterans have been singled out would not be correct.

We should also be thankful to torchbearers like Mr V Natarajan who have fought for all pensioners and have also supported military pensioners in their quest for justice.

Anonymous said...

Only GOD can save pre-2006 pensioners when Govt is fighting against them or we expect, only SC can save...... JAI HIND

Dhoop said...

@Natarajan V:"listed for 30 April"
Thank you for keeping everyone updated.

In view of the obvious delaying tactics of the petitioner in the Curative Petition, it would be fitting if interest at penal rates is also awarded on withheld arrears.

Narendra said...

It seems,India's Defence Ministry officials (including the Minister) are absolutely Anti-Armed Forces. That is why, instead of positively administering and removing the hardships faced by our troops,these guys will go to the courts, fighting cases against their own soldiers (serving and veteran)and spending crores of rupees in the bargain.This is the only job they know best. That is why our soldiers die regularly, doing their duty, in absence of poor equipment/clothing and weaponry.God bless our forces!

MAJOR NAZAR SINGH GILL said...

Thanks Major Navdeep for highlighting present state of arrears 6th CPC. This Curative Petition will also be rejected.But their aim by delaying is served that payment will be burden of New Govt and not present Govt to bother for financial arrangements.It will be now in Balnce Budget of remaining 8 Months from )1 Aug 2014 to 31 Mar 2015. Lt Col Ranjeet Singh Chordia (Retd) heard this name after long since 1970 {exG3,168 IB).

Madhav Bamne said...

We made a mistake in not asking VIth pay commission to give recommendations in simple words, point by point and avoid complicated pay scales. We should take care now with VIIth CPC. Our demands shuld be clear and in simple form. I will recommend basis for VIIth CPC should be as given in article: http://janahitwadi.blogspot.in/2013/04/central-pay-commission-for-government.html

Lt Col V K Mehrotra(retd) said...

Dear Major
Thank you for update
I was not aware and may be many of us, that there is provision of curative petition in the constitution to enable Govt of India to hide behind it and further prolong the issue.
Lt Col V K Mehrotra

sharvayu rishi said...

Hi WHATS THE LATEST ON DACP FOR ARMY DOCTORS
REGARDS

Natarajan V said...

DEAR FRIENDS, THE CURATIVE PETITION- IN DEBATE- 126/2014- IN TH ECASE UOI VS CGSAGPA WAS EXAMINED BY THE 5 JUDGE CONSTTN BENCH ON 30 APRIL 2014 AND THE SAME HAD BEEN DISMISSED. TRUTH AND JUSTUCE HAVE WON. ARREARS ARE DUE TO THE AGGRIEVED PRE 2006 PENSIONERS AFFECTED BY "MODIFIED PARITY" ISSUE.....SAY ARREARS OF MINIMUM GYUARANTEED PENSION FOR THE PERIOD FROM 1 1 2006 TO 23 9 2012 IN EFFECT.....THANKS TO MAJ NS FOR ALL HIS SUPPORT TO ME AND OTHER MILITARY PENSIONER FRIENDS IN MY OWN ASSOCIATION AT CHENNAI AND ELSEWHERE...

sudeshkumar bhardwaj said...

THANKS mr v natrajan but we have to wait till the orders r issued

dattatreyahg said...

What next? What are the implications?

AK Sharma said...

Sir,
Thanks for the lot of efforts made by you to provide justice to ex servicemen and other affected civilian brothers.
Sir, I want to know that my self was retired from Army as Hony Capt on 01 Sep 2008 and enhanced pension which was due to be granted from 01 Sep 2008 with all benefits ie leave encashment, gratuity, commutation of pension, was given from 24 Sep 2012 without above said benefits. Now, as the curative petition filed by the Govt has been dismissed by the hon'ble Supreme Court of India, shall, I entitled for arrears alongwith other retirement benefits from 01 Sep 2008 or only arrears? Thanks.
Sub Maj & Hony Capt AK Sharma, ASC