FULL PENSION FOR THOSE WITH LESS THAN 30 YEARS but MORE THAN 20 YEARS QS
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In view of the fact that review Petition filed by UOI RP (C) NO. 2565/2015 in SLP (C) No. 6567/2015 UOI Vs M.O. Inasu dismissed by HSC on 28.8.2015, and Following file notings of DOPW (obtained under RTI) let us hope DOP&PW will now issue necessary instructions extending benefit of full min. pension to all pre 2006 pensioners irrespective of Q.S. rendered.
The extract from the File Noting obtained from DOP&PW under RTI ACT, on pro rata pension matter.
Extract from File Noting of DOP&PW OM 30.7.2015 obtained under RTIA:
12. It may be mentioned that in its order dated 22.1.2013 and 16.8.2013 in OA No. 715/2012 and OA No. 1015/2012 respectively, Hon’ CAT Ernakulam Bench directed that the revised pension fixed in terms of para 4.2 of OM dt. 1.9.2008 would not be reduced pro rata in cases where the qualifying service of a pre 2006 pensioner was less than 33 yrs. This order of Hon CAT was challenged by D/o Revenue in the H.C. of Kerala in OP(CAT) No. 4/2012 and No. 8/2012. Hon’ H.C. of Kerala dismissed the Op(CAT) No. 4/2012 and No. 8/2012 vide order dt. 7.1.2014. The SLP filed by the Dept. of Revenue against the order dt. 7.1.2014 has also been dismissed by Hon’ S/C. in its order dated 20.2.2015. Learned ASG, Sjri P.S.Narsimha has advised to file a Review Petition. The concerned file is presently with MOL(CA Section) and Ms. Rekha Pandey, Adv. is drafting the RP.
13. As already mentioned above, in the order dt. 29.4.2013 of Hon HC of Delhi in WP No. 1535/2012, it was observed that the only issue which survived was, with ref. to para 9 of OM dt. 28.1.2013 which makes it applicable from 24.9.2012 instead of 1.1.2006. In view of this observation of the Hon H.C. of Delhi, we may issue orders for giving effect to the OM dated 28.1.2013 w.e.f. 1.1.2006 instead of 24.9.2012. The question whether or not the revised pension in terms of OM 28.1.2013 would be reduced proportionally would be examined once the order of the Hon S.C. in the RP to be filed against dismissal of SLP 21044/2014 is available ( para 12 above)
( emphasis added)
Sd.
S.K. Makkar US
17.4.2015
Noting of Secy(P)
6. Thus the court ruling has become law of the land
7. Given the fact the review/curative petition in the same matter has once been dismissed by Hon. Apex Court, as also the fact that Civil Appeal of Ministry of Defence with which the SLPs in question got tagged, has also failed, there is no chance that a review petition may yield a different result. On the other hand this will not only engage the govt. machinery in uncessary litigation but will also result in attendant avoidable expenditure. ( emphasis added)
Sd.
Alok Rawat Secy/ Pension
22.4.2015
22.4.2015
Hon MOS(PP)
Sd.
7.5.2015
Source: BPS
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COMMENTS
Government did not fulfill its assurance
Full Pension 2 pre 2006 pensioners with less than 33yrs service.No orders by Govt inspite of commitment. Next date of hearing 31.3.16 #Mygov
Sir,
I feel so much delay in taking decision for such an important issue will not deny justice to poor old aged pensioners. We will definitely get justice either from administration or from judiciary, so wait for few more days.
Ishwarlal
File is under process in legal branch for quite some time. Further delay may pave way to contempt of court. I suggest that file may be finalised early which will help many pensioners.
I am awaiting govt orders to refix basic pension w.e.f 1.1.2006 granting full pension for a service of 28 years instead of 33.Can anybody let me know when this will happen?
Iyengar P.V
What is the further news in this regard wether the file fed. Back from the finance ministry D E
ishwarlal
Though more than three months have passed still it is not known whether the file is received back from the ministry of finance ED. Now the date of contempt proceeding is fixed on 14.12i.e. tomorrow. We should be firm and do not allow further adjournment and should be firm for implementation the recommendation of 6th CPC duly approved by the cabinet.
Ishwarlzal
What about CPF optees? Why govt is silent for their conversion to GPF?