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Thursday, May 1, 2014

Curative Petition filed by the Central Government against its pensioners DISMISSED by the Supreme Court, now is this closure to their agony?

As explained in detail in this post published on this blog on 22 April 2014, the Curative Petition filed by the Great Union of India against its own pensioners came up for hearing before a 5 Judge Bench of the Hon’ble Supreme which was pleased to dismiss the same.

This was the 5th Round of litigation for pensioners starting from the CAT ending with this Curative Petition. But would this be closure to their agony?

39 comments:

Nathan Rajaram said...

Babus can only delay it but could never deny it The servicemen always wins.The judiciary always there to uphold the law.A veteran of 2 wars.

Satish Kumar said...

The officer who advised the U O I to file a curative petition in the Apex Court should resign on moral grounds or else the Govt should ask him to seek premature retirement.This can only happen in our country.God Bless the Nation.

Ajit Singh said...

Maj Navdeep Singh, Thanks for latest on the subject. This was to happen as we have full faith in Supreme Court, ie the supreme authority of judiciary.

SANTOKH said...

Now Babus would wait for the Contempt of court petition to be filed by the pensioners. Wait for some more Pensioners to bid farewell to life without getting the benefits. Would help Govt lawyers to make some more money on litigation exactly like Rank Pay case.
God !!!! will you please help this country ?

Anonymous said...

now the govt if sincere in true words should pay arrears of pension from 1.1.2006 to 23.9.2012which

Ramesh HT said...

The officer who suggested the Government to file a curative petition must be awarded Bharatha Rathna!!!

LOKESH said...

All need to take up the matter with the New Govt, specially with PM to punish thosel who did not follow cabinet resolution accepting 6th CPC recommendations. May be somewhere the govt nod also may be there, however this is very sad and still it will be resolved or not god knows. OROP is nothing but the same of course gets implemented to old pensioners who are the most suffering lot.

Samra Gurdeep Singh said...

Every service of the nation is important,it will go a long way in improving the defence of the nation if each police officer from IPS and each IAS officer is asked to serve for 6 months in the Army with 2 weeks from unit level to different headquarters of Arms and services, it will give them enough idea about the problem of services,they will be better informed, more humane.
Major Gurdeep S Samra retired
Prontoits@gmail.com

Natarajan V said...

Funny things happen..... after delivery of the baby of a master , the servant mischievously asks the master who fathered the baby......we have new application springing up at the venue of origin.....seeking clarifications....on a judgment passed more than 3 years back.....

Anonymous said...

@ Satish Kumar, that will happen only if there is a trace of morality - in the Govt, in the officer, but above all in the Legal Officer who advised filing of a Curative Petition.

That (morality) is asking too much!

SANKARALINGAM S said...

Can the GOI go another petition against the dismissal of its Curative Petition? That is what the GOI is doing for the last few years.

ramaswamy natarajan said...

Sir
What is the present status of 3 SLPs.
R.Natarajan

a k sethi- said...


THANK U PLEASE--CAN THIS BE REJECTED?
DO GIVE YR OPINION as A LEGAL EXPERT-ALSO IF? GOI published a letter SANCTIONING THIS -COULD U put IT IN YR BLOG----IC 10129--11 JSW COURSE

corona8 said...

@Samra Gurdeep Singh :"...if each police officer from IPS and each IAS officer is asked to serve for 6 months in the Army...";

What has that got to do with this Curative Petition? Civilian pensioners were equally affected by the petition. In fact it is they who fought the legal battle against UOI in this case.

Anonymous said...

the govt without any delay should honour the verdicts of courts in this case on 17 may 2014 i.e after the shadow of code of conduct of elections is over.

AS said...

@ ak sethi
sir, the stupid baboos of the Gr GOI may well be looking at the option of taking the case to the Intl Court of Justice at the Hague.

Dr Sharaschandra said...

The sole reason for the SLP, RP and the Curative Petition is the unwillingness to pay unless it becomes impossible to avoid payment of any money to ESM. The Babus feel ESM are parasites. Also such expenditure does not offer scope for corruption. On top of it ruling UPA govt has already spent so much for the appeasement schemes for the sake of votes that the finances are fully stretched. Hence the policy to avoid paying ESM as long as possible. Now that they have realised that they cannot get re-elected so they cleared OROP from 1st April. After by the time payment is actually done the new Govt will be in place. So UPA has nothing to loose. Shri AK Anthony has proved to be the worst Defence minister. -- Air Cmde SP Deshmukh, Retd

Nathan Rajaram said...

The dismissmisal&the out come involves civil pensioners also.There is no provision in indian law to file another petition in Sc.The babus will leave it to the next Govt.to release the arrears, since this expenditure may not be included in ad hoc-allotment for 3 months as per chindus budget.

Anonymous said...

Should'nt the Army keep all its ranks informed about the progress/views on issues relating to pay & allowances?

I wish there was a informative monthly periodical. It's a matter of right (to know)!

In absence, I have all the reasons to believe, in consonence to the attitude of brass we see every day, that justice is denied by "our own".

Nathan Rajaram said...

Curative petition dismissed by a 5 judge constitution bench of the h,blue S C which speaks volumes of importance.There is no further appeal on this.If interested see SC web site disposed of cases ,curative petition126/2014.Judiciary will always be there to uphold the law.with personnel experience in H,blue S. c twice /war veteran.

corona8 said...

@Dr Sharaschandra: "..to avoid payment of any money to ESM. The Babus feel ESM are parasites."

Once again one notices a desire to comment first and think afterwards. It is obvious to one and all by now the case relates to all Govt pensioners and not just ESM. The classes you refer to so contemptuously as "the babus" are as much sufferers as ESM in the matter. I had pointed out as much in this comment

Dhoop said...

Is this the same case for which there was a court ruling for payment of interest ?

A Group Of Relations said...

wat the gov done for ex recruits for getting a job to them

Natarajan V said...

Two points I want to explain pl....1. I AM SORRY TO REMARK THAT BY BABUS- YOU MILITARY PERSONNEL INCLUDE ALL CIVILIANS ...WHICH IS RIDICUKOUS...."BABUS" REFER ONLY TO "BUREUCRACY" - IN THAT TOO A SEGMENT ONLY - THE ONE WHICH DEALS WITH "FINANCES' AND ITS "TAILS" IN VARIOUS MINISTRIES HAVE BECOME THE GREATEST OBSTRUCTIONS IN RECENT TIMES AS IF THEY ARE THE PEOPLE WHO CONTROL THE PRINTING OF NOITES IN THIS COUNTRY.....2. PL NOTE THE RECENT CURATIVE PETITION DISMISSAL IS RELATED TO THE LEAD CASE FOUGHT BY A SEGMENT OF PRE 2006 S29 CIVILIAN PENSIONERS...MOSTLY COMPRISING OF RETD SCIENTISTS/ ENGINEERS (NOT "ALSO" CATEGORY).... WHO ARE NOT BABUS IN ANY WAY...... In fact Maj NS ji had been a staunch supporter and alongside - crusader in this journey for justice.... He stood by people like me always...

Airco said...

Why does it not dawn upon the Serving that they will be retiring one day and would be at the receiving end ? What stops them from responding to pensioners' woes with a positive frame of mind ?Is it the desire to show that they are saving on Govt expenditure ?

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

Though the order pertains to ALL CG EMPLOYEES, YOU NEVER KNOW; THE BABUs MAY FILE ANOTHER SLP OR SOMETHING TO TELL US THAT THIS IS NOT APPLICABLE TO AFs. This may require another legal battle by RDOA/ESMs.
PLEASE KEEP YOUR EYES AND EARS OPEN ALL VETERANS. SOME FINAL ASSAULT MAY BE REQUIRED ON THE BABUs.
V.Sundaresan

Anonymous said...

I am a regular reader of this site. Our esteem commentators are putting valuable comments on all the issues. BUT one thing is very common that every one is calling senior officers in MOD babu. I presume this word was so far used for IAS only. There are very senior Defence forces serving officers are also who are part of the decision making body. Hence they are also equally responsible for the same. Just analyse every senior AF officer is busy in moving his own agenda (own career). Those who retired have also done this and still doing.
why I'm endorsing my views is because one of the gentleman wanted to penalised the officer who has signed the affidavit. why not the officer on top who ordered him to file affidavit.
why wee are using the parasite word for ESM who have given their valuable part of life. All those in service must remember that one day they will also be ESM

sunlit said...

" IS NOT APPLICABLE TO AFs"

Please refer to my old query .

dattatreyahg said...

What is the exact implication of dismissal of CP? Are those 3 SLPs also dismissed as written in some Blogs? What is the implication? Who are all affected in this context?

corona8 said...

I understand payment of interest was ordered from March 2013. Maybe Maj Navdeep would enlighten one and all. Here is a link to the judgment of Hon'ble Delhi High Court .

sunlit said...

Perhaps Maj Navdeep could clarify for others whether the case SLP (C) No.36148-50/2013 and Civil Appeal No. No.8875-76/2011 still require disposal for further progress in the matter. More details are given here .

Alok Asthana said...

So, the govt did file a curative petition against the SC order, granting some rights to its own soldiers. Hats off to GOI.
Much more than the financial loss, what has absolutely rattled me is the realization that I risked my life, on several occasions, for THIS govt? I am aghast at my inability to see that this govt, whichever political party, was simply not worth getting my little finger injured for, much less to risk my life. Same goes for the people of India, who simply won't care for its armed forces. No one fooled me;I fooled myself.

sunlit said...

@corona8 : "interest";

The text which refers to interest is in the judgement of the Hon'ble Punjab and Haryana High Court on a similar case which the Hon'ble Delhi Court had used as the basis for deciding WP(C) 1535, 2348-50 of 2012. Though the Hon'ble Punjab and Haryana judgement includes the text, "In case, the arrears are not paid within a period of two months, it will also carry interest @ 9% w.e.f. 01.03.2013. There shall, however, be no order as to cost", there is no similar reference to interest in the judgement of Hon'ble Delhi High Court.

Why that should be so could only be elaborated upon by Maj Navdeep.

Pokar Ram said...

Sir,

We are very fond of critizing and advising from top of the hill.

This case was fought tooth and nail by the S-29 scale CCS. Our case is stll to be decided ?

Why there is so much of ... for taking credit for

dattatreyahg said...

It is not just about whether OROP is implemented as approved by Defence Minister or not. The bigger issue is whether we are working as a Democracy at all,if a CGDA reinterprets DM. Well,if we have tolerated the illegal reinterpretation/ non-implementation of SUPREME COURT ORDERS by Bureaucrats unchallenged, and they are going scot-free with special elevtions /honours like in the RANK-PAY case,then anything(even more serious) is possible in our country. That is what needs to be addressed in the interest of Democracy

Wg Cdr Mohan Retd. said...

I G s solution to tether the Judiciary has not been followed by her d-in-law in this case and is indeed a healthy trend for the Nations progress.
M Rao, Hyderabad. Air Veteran

Natarajan V said...

Dear Interested Pre 2006/older Civi
Reg the Mod Parity Sixth CPC case at CAT PR BENCH on 15 May 2014: Proceedings Record shows cases OA 655/2010 & CP 158/2012 "Disposed Of".....No sign of the Mischievous MA 1228/ 2014.... Record of Proceedings have to be awaited....ARREARS ARE TO BE ALLOWED WEF 1 1 2006......VN















































Natarajan V said...

Now the verdict of CP 158/ 2012 by PR BENCH CAT Delhi dt 15 May 2014 is published in the CAT Website- in pre 2006 Mod Parity Case, consequent to the Cur Petn dismissal:

CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
C.P. No.158/2012
O.A. No. 655/2010
M.A. No. 1228/2014
New Delhi, this the 15th day of May, 2014
HON BLE MR. JUSTICE SYED RAFAT ALAM, CHAIRMAN
HON BLE MR. V. AJAY KUMAR, MEMBER (J)
HON BLE DR. BIRENDRA KUMAR SINHA, MEMBER (A)

1. Central Government SAG (S-29)
Pensioners Association
Through its Secretary Shri Sant Bhushan Lal,
C-5/21, Grand Vasant,
Vasant Kunj,
New Delhi-110 070.
2. Shri Satish Varma,
Retd. Chief Engineer, Central Water Commission,
Ministry of Water Resources,
Govt. of India,
Resident of B-6/8, Vasant Vihar,
New Delhi-110 057. .. Petitioners
(By Advocate : Shri Nidesh Gupta, Sr. Advocate with Shri Sushil
Malik, Shri M.K. Ghosh and Shri Tarun Gupta)
Versus
1. Mr. R.C. Misra,
Secretary to the Government of India,
Department of Pensions and Pensioners Welfare,
Ministry of Personnel, Public Grievances and Pensions,
Lok Nayak Bhawan, Khan Market,
New Delhi-110 003.
2. Mr. Sumit Bose,
Secretary to the Government of India,
Department of Expenditure,
Ministry of Finance, North Block,
New Delhi. .. Proposed Contemnors/
Respondents
(By Advocate : Shri Rajesh Katyal and with Shri D.S. Mahendru
with departmental representatives Ms. Tripti Ghosh,
Director and Shri Harjit Singh, Dy. Secretary)
ORDER (ORAL)
By Hon ble Mr. Justice Syed Rafat Alam

C.P. No.158/2012
This is an application for initiating contempt proceedings against the respondents for not carrying out the judgment/order of the Tribunal dated 01.11.2011 in O.A. No.655/2010 and connected cases.
2. At the outset, Shri Rajesh Katyal, the learned counsel appearing on behalf of the respondents, on instructions from Ms. Tripti Ghosh, Director and Shri Harjit Singh, Dy. Secretary, submits that the Curative Petition preferred by them has already been rejected by the Hon ble Apex Court by order dated 30.04.2014, and that the Ministry of Law has advised the Department to implement the aforesaid order of the Tribunal qua the petitioners. He submits that some reasonable time may be given to them to implement the aforesaid order.
3. In view of the above, we are of the view that no purpose would be served by keeping this matter pending and it would be appropriate to dispose of the matter with direction to the respondents to implement the directions of the Tribunal expeditiously, preferably within three months.
4. With the above order, this Contempt Petition stands disposed of. Notices issued to the alleged respondents/contemnors are discharged.
M.A. No. 1228/2014
In view of the fact that Curative Petition has been rejected by the Hon ble Apex Court and also in view of the submission made by Shri Rajesh Katyal, the learned counsel appearing on behalf of the respondents, on instructions made by the departmental representatives, that they have been advised by the Ministry of Law to implement the order of this Tribunal, in our view the Miscellaneous Application No.1228/2014 has become infructuous, and the same is, therefore, rejected.

----------------------------------------------------------------
Member (A) Member (J) Chairman

Natarajan V said...

Dear Friends. This is in continuation of my last post of the CURATIVE PETITION dismissal order. It is to be noted that in the CURATIVE PETIION , the Govt had specifically mentioned under the GRIOUNDS- the following: Quote:

G. Because the common
impugned order which was subject matter of the Special Leave Petition being SLP(C) No.23055 of� 2013 and Review Petition (Civil) No.2492 of 2013
is a subject matter of pending Special Leave Petition being SLP (C) No .361 48-
36150/2013 and the next date of hearing is 22� April, 2014.

H.Because the question which arises in the present case is also a subject matter of the
pending Civil Appeal bearing No. CA 8875-76 of 2011.

I.Because the public interest also necessitates this Hon.ble Court�s interference in the
present petition for it burdens the public exchequer of an estimate of over Rs.
1400 crores.
Unquote.

Now that the CURATIVE PETITION is dismissed, the grounds cited above including the CAs of the Military Mod Parity cases ( ahuge lot bunched) also stand quashed. This aspect must be brought to the notice of the HSC on 24th Julu 2014 by the concerned. CIPOES OF CUR PETN CAN BE MADE VAILABLE TO THE INTERESTED ALONG WUITHY THE CUR pETN DISMISSAL ORDER (30 Apriml 2014) / CATS DISPOSAL ORDER ( 15 May 2014)...VN