tag:blogger.com,1999:blog-1503293844377013031.post3482919576470642728..comments2024-02-08T22:01:40.101+05:30Comments on Indian Military : Service Benefits and Issues: Curative Petition filed by the Central Government against its pensioners DISMISSED by the Supreme Court, now is this closure to their agony?Navdeep / Maj Navdeep Singhhttp://www.blogger.com/profile/11481215977936848477noreply@blogger.comBlogger39125tag:blogger.com,1999:blog-1503293844377013031.post-65385236347910890412014-06-07T22:20:42.938+05:302014-06-07T22:20:42.938+05:30Dear Friends. This is in continuation of my last p...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:<br /><br />G. Because the common<br />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<br />is a subject matter of pending Special Leave Petition being SLP (C) No .361 48-<br />36150/2013 and the next date of hearing is 22� April, 2014. <br /><br />H.Because the question which arises in the present case is also a subject matter of the<br />pending Civil Appeal bearing No. CA 8875-76 of 2011.<br /><br />I.Because the public interest also necessitates this Hon.ble Court�s interference in the<br />present petition for it burdens the public exchequer of an estimate of over Rs.<br />1400 crores. <br />Unquote.<br /><br />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)...VNAnonymoushttps://www.blogger.com/profile/00150803602765844273noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-24305213090806364802014-05-24T15:49:56.950+05:302014-05-24T15:49:56.950+05:30Now the verdict of CP 158/ 2012 by PR BENCH CAT De...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:<br /><br />CENTRAL ADMINISTRATIVE TRIBUNAL<br /> PRINCIPAL BENCH<br /> C.P. No.158/2012<br /> O.A. No. 655/2010<br /> M.A. No. 1228/2014<br /> New Delhi, this the 15th day of May, 2014<br /> HON BLE MR. JUSTICE SYED RAFAT ALAM, CHAIRMAN<br /> HON BLE MR. V. AJAY KUMAR, MEMBER (J)<br /> HON BLE DR. BIRENDRA KUMAR SINHA, MEMBER (A)<br /><br /> 1. Central Government SAG (S-29) <br /> Pensioners Association<br /> Through its Secretary Shri Sant Bhushan Lal,<br /> C-5/21, Grand Vasant, <br /> Vasant Kunj,<br /> New Delhi-110 070.<br /> 2. Shri Satish Varma,<br /> Retd. Chief Engineer, Central Water Commission,<br /> Ministry of Water Resources,<br /> Govt. of India,<br /> Resident of B-6/8, Vasant Vihar,<br /> New Delhi-110 057. .. Petitioners<br /> (By Advocate : Shri Nidesh Gupta, Sr. Advocate with Shri Sushil <br /> Malik, Shri M.K. Ghosh and Shri Tarun Gupta)<br /> Versus<br /> 1. Mr. R.C. Misra,<br /> Secretary to the Government of India,<br /> Department of Pensions and Pensioners Welfare,<br /> Ministry of Personnel, Public Grievances and Pensions,<br /> Lok Nayak Bhawan, Khan Market,<br /> New Delhi-110 003.<br /> 2. Mr. Sumit Bose, <br /> Secretary to the Government of India,<br /> Department of Expenditure,<br /> Ministry of Finance, North Block,<br /> New Delhi. .. Proposed Contemnors/<br /> Respondents<br /> (By Advocate : Shri Rajesh Katyal and with Shri D.S. Mahendru<br /> with departmental representatives Ms. Tripti Ghosh, <br /> Director and Shri Harjit Singh, Dy. Secretary)<br /> ORDER (ORAL)<br /> By Hon ble Mr. Justice Syed Rafat Alam<br /><br /> C.P. No.158/2012<br /> 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.<br /> 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.<br /> 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.<br /> 4. With the above order, this Contempt Petition stands disposed of. Notices issued to the alleged respondents/contemnors are discharged. <br /> M.A. No. 1228/2014<br /> 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.<br /><br /> ----------------------------------------------------------------<br /> Member (A) Member (J) Chairman Anonymoushttps://www.blogger.com/profile/00150803602765844273noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-52195374619698953392014-05-15T19:36:38.891+05:302014-05-15T19:36:38.891+05:30Dear Interested Pre 2006/older Civi
Reg the Mod Pa...Dear Interested Pre 2006/older Civi<br />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 <br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /> <br /><br /><br /><br /><br /><br /><br /><br /><br />Anonymoushttps://www.blogger.com/profile/00150803602765844273noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-84180964134217792232014-05-10T07:51:17.292+05:302014-05-10T07:51:17.292+05:30I G s solution to tether the Judiciary has not be...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.<br /> M Rao, Hyderabad. Air Veteran<br />Wg Cdr Mohan Retd.noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-22417175181620340262014-05-10T00:26:34.491+05:302014-05-10T00:26:34.491+05:30It is not just about whether OROP is implemented a...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 dattatreyahgnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-11954369010312419272014-05-07T09:30:21.970+05:302014-05-07T09:30:21.970+05:30Sir,
We are very fond of critizing and advising f...Sir,<br /><br />We are very fond of critizing and advising from top of the hill.<br /><br />This case was fought tooth and nail by the S-29 scale CCS. Our case is stll to be decided ?<br /><br />Why there is so much of ... for taking credit for Pokar Ramhttps://www.blogger.com/profile/17588571624478665388noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-39173492327510297392014-05-06T15:15:49.623+05:302014-05-06T15:15:49.623+05:30@corona8 : "interest";
The text which r...@corona8 : <b><i>"interest"</i></b>;<br /><br />The text which refers to interest is in the judgement of the Hon'ble Punjab and Haryana High Court on a <a href="https://drive.google.com/file/d/0B8WjLMgk7YBKbDdkZXZOd3J2dWs/edit?usp=sharing" rel="nofollow">similar case</a> 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, <i>"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"</i>, there is no similar reference to interest in the judgement of Hon'ble Delhi High Court.<br /><br />Why that should be so could only be elaborated upon by Maj Navdeep.slhttps://www.blogger.com/profile/01783279172831388828noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-434949611875603992014-05-05T22:54:07.501+05:302014-05-05T22:54:07.501+05:30So, the govt did file a curative petition against ...So, the govt did file a curative petition against the SC order, granting some rights to its own soldiers. Hats off to GOI.<br />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.Alok Asthanahttps://www.blogger.com/profile/05362507906160748320noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-31136627030895361272014-05-05T20:30:47.031+05:302014-05-05T20:30:47.031+05:30Perhaps Maj Navdeep could clarify for others wheth...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 <a href="http://karnmk.blogspot.in/2014/03/payment-of-arrears-of-pension-to-pre.html?m=0" rel="nofollow"> here </a>.slhttps://www.blogger.com/profile/01783279172831388828noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-11377034720899514992014-05-04T19:00:46.462+05:302014-05-04T19:00:46.462+05:30I understand payment of interest was ordered from ...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 <a href="http://karnmk.blogspot.in/2013/05/revision-of-pension-of-pre-2006-delhi.html?m=1" rel="nofollow">Hon'ble Delhi High Court</a> .corona8https://www.blogger.com/profile/14443791458911191943noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-69847980162910479342014-05-04T17:11:31.116+05:302014-05-04T17:11:31.116+05:30What is the exact implication of dismissal of CP? ...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? dattatreyahgnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-31475416641545217222014-05-04T16:32:08.516+05:302014-05-04T16:32:08.516+05:30" IS NOT APPLICABLE TO AFs"
Please refe..."<i> IS NOT APPLICABLE TO AFs"</i><br /><br />Please refer to my old <a href="http://www.indianmilitary.info/2013/07/is-it-partial-closure-for-agony-of.html?showComment=1375177280771&m=1#c1384670012200917738" rel="nofollow">query</a> .slhttps://www.blogger.com/profile/01783279172831388828noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-2119433842574417392014-05-04T12:14:59.050+05:302014-05-04T12:14:59.050+05:30I am a regular reader of this site. Our esteem co...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.<br />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.<br />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 <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-33202705581487041082014-05-04T10:51:39.115+05:302014-05-04T10:51:39.115+05:30Though the order pertains to ALL CG EMPLOYEES, YOU...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.<br />PLEASE KEEP YOUR EYES AND EARS OPEN ALL VETERANS. SOME FINAL ASSAULT MAY BE REQUIRED ON THE BABUs.<br />V.SundaresanWG.CDR.V.SUNDARESAN(RETD)https://www.blogger.com/profile/13157507812183475047noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-69337605986134666522014-05-04T10:43:38.477+05:302014-05-04T10:43:38.477+05:30Why does it not dawn upon the Serving that they wi...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 ?Aircohttps://www.blogger.com/profile/08908341503493841983noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-30857478061090529852014-05-04T06:12:33.466+05:302014-05-04T06:12:33.466+05:30Two points I want to explain pl....1. I AM SORRY T...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...Anonymoushttps://www.blogger.com/profile/00150803602765844273noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-3846049817381368002014-05-03T18:43:52.501+05:302014-05-03T18:43:52.501+05:30wat the gov done for ex recruits for getting a job...wat the gov done for ex recruits for getting a job to them<br />A Group Of Relationshttps://www.blogger.com/profile/04550790318732821609noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-87723599421152518402014-05-03T17:33:04.792+05:302014-05-03T17:33:04.792+05:30Is this the same case for which there was a court ...Is this the same case for which there was a court ruling for <a href="http://www.indianmilitary.info/2013/07/is-it-partial-closure-for-agony-of.html?showComment=1375175988247&m=1#c361175505585877246" rel="nofollow">payment of interest</a> ?Dhoophttps://www.blogger.com/profile/17461434428038701574noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-34680152249377389562014-05-03T15:40:29.553+05:302014-05-03T15:40:29.553+05:30@Dr Sharaschandra: "..to avoid payment of any...@Dr Sharaschandra: "<i>..to avoid payment of any money to ESM. The Babus feel ESM are parasites."</i><br /><br />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 <b>all</b> Govt pensioners and not just <i>ESM</i>. The classes you refer to so contemptuously as <i>"the babus"</i> are as much sufferers as ESM in the matter. I had pointed out as much in this <a href="http://www.indianmilitary.info/2014/05/curative-petition-filed-by-central.html?showComment=1399035273678&m=1#c9157873013058024130" rel="nofollow">comment</a> corona8https://www.blogger.com/profile/14443791458911191943noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-16531115816177482772014-05-03T10:56:25.608+05:302014-05-03T10:56:25.608+05:30Curative petition dismissed by a 5 judge constitut...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.Squadron Leader R V Nathanhttps://www.blogger.com/profile/05628701745104432156noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-27226950033978756462014-05-02T22:13:45.819+05:302014-05-02T22:13:45.819+05:30Should'nt the Army keep all its ranks informed...Should'nt the Army keep all its ranks informed about the progress/views on issues relating to pay & allowances?<br /><br />I wish there was a informative monthly periodical. It's a matter of right (to know)!<br /><br />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".Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-15087543904746104382014-05-02T20:31:29.039+05:302014-05-02T20:31:29.039+05:30The dismissmisal&the out come involves civil p...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.Squadron Leader R V Nathanhttps://www.blogger.com/profile/05628701745104432156noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-68753900146567488032014-05-02T19:47:44.325+05:302014-05-02T19:47:44.325+05:30The sole reason for the SLP, RP and the Curative P...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 Dr Sharaschandrahttps://www.blogger.com/profile/09119341532158032423noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-87570580762494836502014-05-02T19:42:57.655+05:302014-05-02T19:42:57.655+05:30@ ak sethi
sir, the stupid baboos of the Gr GOI ma...@ ak sethi<br />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.AShttps://www.blogger.com/profile/07544198969337130045noreply@blogger.comtag:blogger.com,1999:blog-1503293844377013031.post-90413562632824299812014-05-02T19:25:05.660+05:302014-05-02T19:25:05.660+05:30the govt without any delay should honour the verdi...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.Anonymousnoreply@blogger.com