Implementation of order of Tribunal in regard to modified parity for Pre-2006 Retirees

We would. like to bring to your notice the bureaucratic distortion of orders of judiciary which if not corrected through your kind and personal intervention is bound to frustrate the entire community of pre 2006 retirees numbering more than 38.41 lakhs and force them to think that change in Government has been in vain as because the bureaucrats are even now being have been allowed to misinterpret judicial orders forcing affected pensioners to go to courts and thus multiply litigations in the country. While submitting the details of this case we also request you kindly to give us an opportunity to meet you to explain our request.

2. The facts of the case briefly stated are as under:-

a). The VI CPC in Para 5.1.47 of their report recommended that the fixation of revised pension as per the table given by them “will be subject to the provision that the revised pension, in no case, shall be lower than

fifty percent of sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired”.

b). The Government of India in their Resolution No. 38/37/08-P&PW (A) A dated 29.8.2008 accepted the above proviso by reproducing it per verbatim at item 12 of the statement showing the relevant recommendations and decision of the Government thereon (vide Annexure the said Resolution).

c). In Department of Pension & Pensioners Welfare O.M No. 38/37/08 P&PW dated 1.9.2008 same proviso has been incorporated at para 4.2 thereof.

d). The Department of Pension & Pensioners Welfare through their clarificatory O.M. No. 38/37/08 – P&PW (A) pt. 1 dated 3.10.2008 however modified the para 4.2 of their OM dated 1.9.2008 as under:

The pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated (i) at the minimum pay in the pay band (irrespective of the prerevised scale of pay) plus grade pay corresponding to the prerevised pay scale”

e). In other words in all cases it would be minimum pay of the pay band which would be taken and not the minimum pay in the pay band corresponding to the prerevised pay scale.

f). This clarification was challenged by the Central Government SAG (S-29) Pensioners Association in Principal Bench of the Central Administrative Tribunal (vide O.A No. 655/2010). This Hon’ble Tribunal

in their order dated 1.11.2011 quashed the above clarificatory order of Department of Pension & Pensioners Welfare dated 3.10.2008 and directed the respondents refix the pension of all pre 2006 retirees with effect from 1.1.2006 based on Government Resolution dated 29.8.2008.

g). Government of India challenged the above decision of the said Tribunal before Delhi High Court vide WP (C) No.1535/2012 which was dismissed by the High Court vide their order dated 29.4.2013 upholding

the decision of the Tribunal.

Government of India then filed the following S.L. Ps etc.

(i) SLP (C) No. 23055/2013 dismissed on 29.7.2013

(ii) Review Petition (C) No. 2492 / 2013 dismissed on 12.11.2013

(iii)Curative Petition (C)No. 126/2014 dismissed on 30.4.2014

Thus the CAT verdict dated 1.11.2011 attained legal finality.

h). On 15.5.2014 the Hon’ble CAT Principal Bench New Delhi disposed of the contempt petition No. 158/2012 directing the Union of India to implement the directions of the Tribunal expeditiously, preferably within three months”

3. The Department of Pension & Pensioners Welfare in their letter No. 38/77-A/09-P&PW (A) dated 29.5.2014 written to the Secretary of Petitioner Association (Central Govt. SAG (S-29) Pensioners Association) has stated that as per the directions of Hon’ble CAT their order dated 1.11.2011 is required to be implemented “only in respect of Petitioners in O.A. No. 655/2010 and not in respect of all pre 2006 retirees as per the Tribunals order dated 1.11.2011. There is no such direction that it should be implemented only in respect of Petitioners. May be that Government Advocate had indicated that Government is willing to

implement the judgment qua petitioners but the Tribunal had disposed of the contempt Petition by directing the Union of India to implement their directions dated 1.11.2011 expeditiously.

4. It will not be out of place to mention there that response to answer to Lok Sabha unstarred question No. 3406, the above directions of the CAT Principal Bench had already been implemented in respect of all pre 2006 retirees but from an arbitrarily fixed date of 24.9.2012 (vide Department of Pension Pensioners Welfare O.M. F.No. 38/40/ 12- P&PW (A) dated 28.1.2013. It was not restricted to members of the Petitioners Association Accordingly the direction to implement it w.e.f 1.1.2006 has to be in respect of all pre 2006 retirees also.

5. Staff Side National Council JCM which represent the entire serving and retired employees of the Government therefore appeal to you to ensure the correct delivery of justice by implementing the above judgment of the Hon’ble Tribunal (which had attained finality) in respect of all pre 2006 retirees so that they are not pushed to seek justice though multiple litigations.

Yours faithfully,

(Shiva Gopal Mishra)

Secretary