Pre-2006 pensioners having less than 33 years of service not affected by DOPPW circular dated 30/07/2015
Sequence of events in pre-2006 pensioners case
The First case OA 655/2010 was field in CAT PB by S-29( Railway officers who are having more than 33 years of service) association pleading for Modified parity to pre-2006 pensioners.
Another three set of petitions were filed by others pleading for full parity with post 2006 pensioners including 50% pension to less than 33 years of service in CAT PB & cases numbered OA/3079/2009,OA 0306/2010,OA 0507/2010.
The CAT PB clubbed all the three cases together & heard the argument. The judgement was also given together in all these four cases.
The Govt filed appeal in DHC against the verdict of CAT PB & again all these four cases Numbered WP(C) 1535/2012(Modified parity only), 2348-2350/2012(Full parity & 50%) were clubbed & heard by DHC.The judgements were given together but under respective cases.
Here Govt filed a curative petition in SC together & could not succeed.
Here after the Govt splitted the cases & filed an SLP in SC numbered SLP (C) 23055/2013 only against WP(C) 1535 (OA 655/2010 for modified parity only) & the SC dismissed the SLP. Consequently the Govt paid the amount to Members of the petitioners only.
After this The Govt filed SLP in SC against the verdict of DHC in rest of the 3 cases 2348-2350/2012 & the cases numbered by SC as SLP(C) 36148-36150/2013(Full parity & 50%) were heard together & dismissed on 17/03/2015 & ordered to pay the arrears w.e.f.01/01/2006 with in 4 months .The deadline for compliance of this judgement has expired on 17/07/2015.The petitioners of SLP 36148-50 have to approach the SC for contempt of court for non-implementation of court order.The recent Circular dated 30/07/2015 issued by DOPPW is only extending the applicability of judgement in OA 655/2010 to applicants other than petitioners in the above case.Hence this Circular have no effect on the pre2006 pensioners who are having less than 33 years of service.
Please click this link to refer Circular Dated 30/07/2015
2) Please click this link to refer Circular dated 28/01/2013
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C)2348/2012,W.P.(C)2349/2012,W.P.(C)2350/2012
Date of Decision: April 29, 2013
PARA-26.of judgement
It is for the aforesaid reasons,we remark that there is no need to go into the legal nuances. Simple solution is to give effect to the resolution dated29.08.2008 whereby recommendations of the 6 th Central Pay Commission were accepted with certain modifications. We find force in the submission of learned counsel for the petitioners that subsequent OMs dated 03.10.2008 and 14.10.2008 were not in consonance with that resolution. Once we find that this resolution ensures that “the fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than 50% of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the pee-revised pay scale from which the pensioner had retired”, this would clearly mean that the pay of the retiree i.e. who retired before 01.01.2006 is to be brought corresponding to the revised pay scale as per 6th Central Pay Commission and then it has to be ensured that pension fixed is such that it is not lower than 50% of the minimum of the pay in the band and the grade pay thereon. As a result, all these petitions succeed and mandamus is issued to the respondents to re-fix the pension of the petitioners accordingly within a period of two months and pay the arrears of pension within two months. 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.
Click here to read the full judgement
Source-http://ex-airman.blogspot.in
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COMMENTS
Date of DOPPW circular needs correction as 30 / 7 / 2015 instead of 30 / 7 / 2017
Thank you, corrected now
The 33 years for full pension was handled at various platforms at different times.Accordingly the pension of pre 2006 retirees was fixed on 01-01 -2006 then enhanced on 01-07 2009 and then on 24=09 2012.(in compliance with 6cpc) the hsc has observed some misinterpretations and asked to correct it.
THE PRESENT CONDITION IS THAT THE FIXATION DATE OF 24-09-2012 HAS TO BE 01-01-2006.
this is as per the HSC . WHAT IS THE LITIGATION IN THIS . ONLY ONE THING THAT ALL ARE NOT PETITIONERS.
Actually the title is misleading. i.e. Pre-2006 pensioners having less than 33 years of service not affected by DOPPW circular dated 30/07/2017
It does affect the pensioners with less than 33 years of service though they would not get full pension will not get full parity with post 2006 pensioners ) & will get pro rata pension only..Actually all pensioners who were affected from Sep 2012 in getting arrears ,would get their arrears from 01 Jan 2006 also.
I also think that govt is still appealing against full parity though many courts have already allowed full parity