REVISION OF PRE-2006 PENSION WITH EFFECT FROM 01.01.2006 AS PER CAT
ORDER DATED 01.11.2011 FOR ALL PRE-2006 PENSIONERS AND NOT LIMITED ONLY TO
PETITIONERS
Bharat Pensioners Samaj has pointed out
Government’s mis-interpretation of Hon’ble Princpal CAT’s Order for revising
Pre-2006 Pension with effect from 01-01-2006, to the effect that the order
would be applicable only to the petitioners who have filed the case before CAT
and not to all Pre-2006 Pensioners. However, the contention of Bharat Pensioners Samaj
in this regard is that Hon’ble CAT’s Order was confirmed by Hon’ble High
Court and reached finality after Hon’ble Supreme Court dismissed
Government’s SLP, Review Petition and as well as Curative Petition. Hence the
same is not an order In personam
No.SG/PBS/Legal/014/1
Dated 02.07.2014
Shri Sanjay Kothari
IAS
Secretary,
Secretary,
M/O Personnel PG AR &
Pensions
Dear Sir,
Sub:
Implementation of the order dated
1.11.2011 of Hon’ble CAT, Principal Bench, New Delhi in OA No. 655/2010.
1 Kindly connect DOP &PW letter No.
38/7 7-A/09-P8.PW (A) dated 29th May 2014 addressed to the Secretary (Shri
Sant Bhushan Lal) Central Government SAG (S-29) on the above subject.
2. At the outset, we will like to
point out that the above letter is in the nature of continuation of
willful defiance of the CAT’s order by DOP &PW and is intended to GO
AGAINST THE judicial directives. What is displayed in this letter under
reference is a deliberate mis-interpretation and distortion of the Hon’ble
CAT’s order dated 15. 5.2014. Para 2 of the above letter states that ‘As
directed by the Hon’ble CAT, the order dated 01.11.2011 of Hon’ble CAT,
Principal Bench, New Delhi is required to be implemented in respect of petitioners
in OA No. 655/2010″ which is factually incorrect and misleading. Hon’ble CAT-PB
vide its order dated 01.11.2011 quashed clarificatory OM dated 03.10.2008 and
directed to refix the pension of all pre-2006 retirees w.e.f. 1.1.2006,
based on the Resolution dated 29.08.2008. While dismissing WP (C) No 153512012
of UOI on 29-4-2013, Hon’ble Delhi High Court upheld the verdict of
the CAT PB. Dismissing SLP (C) No.23055/2013 filed by UOI against the judgement
of Hon’ble Delhi High Court on 29-7-2013 and then Review Petition (C)
No 2492/2013 on 12-11-2013 and finally Curative Petition (C) No 12612014 on
30.4.2011, Hon’ble Supreme Court upheld the Judgement of the Hon’ble Delhi High
Court with this, CAT verdict dated 1-11-2011. referred to 1 has attained
legal finality.
3. On 15.05.2014, the Hon’ble
CAT-PB disposed of Contempt Petition No 158/2012 directing the UoI to implement
the directions of the Tribunal Honble Delhi High Court upholding the
verdict of CAT PB, took note of DOP letter F.No. 38137/08-P&PW
(A) dated 28th January, 2013 whereby the pension of all
pre-2006 pensioners was stepped up from an arbitrary date of
24-9-2012 as per the Resolution dated 29-8-2008. Further in Para 2 & 3 of
the Judgement it is noted that the Government of India has tacitly admitted
that it was in the wrong and that the Tribunal is correct and the only issue
that survives are the denying arrears to be paid to
the pensioners with effect from January 01, 2006
4. The operative part of the
Honble CAT’s order dated 15-5-2014 is contained in Para 3 and reads as “It
would be appropriate to dispose of the matter with direction to the
respon-dents to implement the directions of the Tribunal expeditiously,
preferably within three months.” (Emphasis added). The direction of the Tribunal
is with reference to its order dated 1-11-2011. The Hon’ble CAT never diluted
its order dated 1.11.2011 nor could it have done so in its contempt
jurisdiction especially when its order dated 1.11.2011 had got merged with the
judgment dated 29.4.2013 of the Hon’ble Delhi High Court in WP (C)
No. 1535/2012.
4.1 Consequently, contention of
implementing this directive only in respect of the members of the SAG S-29
Association up to the date of filing of OA No. 06550010 is not valid.
All retired Central Government employees covered under the category
of pre-2006 pensionersare entitled for re-fixation of pension from
1-1-2006 as per the directive of the CAT-PB dated 1-11 -2011, which has been
upheld right up to the Apex Court while dismissing SLP/Review petition/curative
Petition in this case.
5. We, therefore, earnestly
request you to please implement judicial verdict in its true spirit and content
by issuing necessary instructions to the concerned authorities to disburse the
arrears of pension tor the period 1-1-2006 to 23-9 2012 and stop further
harassment and hardship to the aged pensioners in 70s and 80s (and a
number of them being above 80-85 years at age) in their sunset years. For this,
all that is required is to issue a corrigendum to your OM No 38140/12-P&PW(A)
dated 28-1-2013 making it effective w.e.f. 1-1-2006.
Thanking you in anticipation.
With regards
Thanking you,
Yours faithfully.
sd/-
S.C. Maheshwari
Secretary Gent Bharat Pensioners Samaj
No comments:
Post a Comment