| Item |
HEARD BY |
PETITION NO. & YEAR |
LEAD PETITIONER |
NEXT DATE FIXED FOR HEARING |
REMARKS IN BRIEF |
| 1 |
CAT-PB Delhi |
OA 1165 / 2011 |
Pratap Narain & Ors Vs. MOP/DOP |
23.05.14 |
SCPC Recommendations in respect of pensioners, who retired prior to 1.1.2006, was accepted and approved by the Union Cabinet, vide MOP(DOP&PW) Resolution dated 29.08.2008 but while implementing, revised pension was wrongly reduced even where qqualifying service was more than 20 years. This petition prays for refixation of pension at full rate where qualifying service happens to be more than 20 years, exactly as per Resolution dated 29.08.2008.UOI filed an affidavit on 15.04.14. A Counter to this would be filed soon.
|
| 2 |
CAT-PB Delhi |
OA 2165 / 2011 |
KR Srinivasan & Ors Vs. MOP/flOP |
23.05.14 |
Same as for item 1 above. |
| 3 |
CAT-PB Delhi |
OA 247 of 2012 |
17 Petitioners |
23.05.14 |
Same as for item 1 above. |
| 4 |
Lucknow HC |
Ser.Ben.203 / 2010 |
s29 UP Officers |
Second week of May’14 |
The case is for modified parity i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pensioner had retired, in terms of Resolution dated 29.08.08, effective 1.1.2006. Heard on 16.4.14 but UOI Advocate sought time, which was granted. |
| 5 |
Delhi HC |
WP(C)3359/ 2010 |
Ex.Para Military (s29,s26) Association Vs UOI |
14.08.14 |
The case is for modified parity i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of Resolution dated 29.08.08, effective 1.1.2006. Bench did not assemble on 6.3.14. |
| 6 |
Supreme Court |
Contempt Petition (Civil) 64/2009 |
SPS Vains, Major General & Ors. |
30.06.14 |
This case is for grant of Modified Parity in terms of MOP,DOP Resolution dated 29.8.2008, after including the same in Special Instructions. |
| 7 |
Supreme Court |
Civil Appeal 2966 / 2011 |
U0I Vs SPS Vains Mj. General & Ors |
30.06.14 |
This case is for grant of Modified Parity in terms of MOP,DOP Resolution dated 29.8.2008, after including the same in Special Instructions. |
| 8 |
Supreme Court |
Civil Appeal 8875-8876 of 2011. |
U0I & Ors.Vs. Vinod Kumar Jain & Ors (Avtar Singh) |
24.07.14 |
CA No. 8875-76 and SLP(C)CC No.18339 -341 of 2013 are now
Converted to SLP (Civil) 36148-36150 / 2013. |
| 9 |
Supreme Court |
Civil Appeal 5367 -5368 / 2005 SLPC CC 5081-82/2004 |
Principal Secretary, Govt. Finance and Planning Deptt., Andhra Pradesh Vs. A.P. Pensioners Samaj. |
30.04.14 |
Heard on 30.04.2014 and dismissed with following remarks : “We do not see any reason to interfere with the concurrent conclusion of the High Court as well as of the Tribunal. The appeals are accordingly dismissed.” |
| 10 |
Delhi HC |
WPC No. 4572 of 2012 |
All India S30 Pensioners Association Vs. UOI |
DOJ 19.8.13. |
|
| 11 |
CAT-PB/Delhi |
Contempt Petition No.158 of 2012 |
CG SAG (S29) Pensioners Association, Shri Satish Verma, Rtd.CE Vs. Shri RC Mishra, Sec. DOP, MOP,GOI. and Shri Sumit Bose, Sec.DOE,MOF, GOI. |
15.05.14 |
This Petition is against non-compliance of orders passed by CAT-PB while giving Judgment in case of OA 0655/2010 with other OAs. In view of IR granted by Delhi HC on 21.5.12, hon.ble Court on 30.5.12 closed the case with liberty to move application for revival of CP as per the Orders of hon.ble Delhi HC. Accordingly, after the dismisal of UOI Petition in Delhi HC, the revival application was put up which was heard on 24.5.13 and 28.5.13 and orders for isuue of notices to respondents were passed. Hearing on 7.8.13 couldnot take place. Case was heard on 25.9.13. Hon.ble Court ordered for revival of Contempt Petition and fixed 10.10.13 to take up contempt proceedings. On 10.10.13, during hearing ASG himself appeared for UOI and argued citing pending SLPs in Supreme Court, for stay on contempt proceedings which was opposed by the Advocate of Association. Court did not agree for granting stay but fixed next date of hearing as 27.11.13. Adjouraned due to non-availability of one of the Judges to 18.12.13, 15.01.14 and 12.02.14. Heard but adjourned for 19.02.14. UOI submitted MA for certain clarification from Court and Court adjourned the hearing till 15.05.2014. In the meanwhile, the Curative Petition submitted to HSC by UOI has also been dismissed on 30.04.14, attaining full and comlete finality to the case, leaving no scope for any clarification or change in Judgment of CAT-PB, already merged with the judgment of the HSC, except for implementation of the “direction” or facing contempt proceedings. |
| 12 |
Supreme Court |
SLP (Civil) 19784 of 2013 with SLP(C)CC 12122,12366,1 2373,13325 & 14816. |
Haryana Viduat Prasaran Nigam Ltd & Ors Vs R K Agarwal and Ors |
DOJ 28.10.13 |
This SLP is againsst Punjab and Haryana High Court Judgment in case of CWP No. 19641 of 2009 R K Agarwal &Ors. Vs. HVPN Ltd & Ors. dated 21.12.2012. Hearing took place wheein Haryana Advocate pleaded about Haryana Regulations for Pensioners and about financial implications which Respondents Advocate opposed. Court was not impressed but allowed them to put up their arguments in writing for orders before next hearing which was fixed for 28.10.2013 when following orders were passed : Learned counsel appearing for the petitioners seeks permission to withdraw the special leave petitions with liberty to approach the High Court. Permission is granted. Consequently, the special leave petitions are dismissed as withdrawn with the liberty as aforesaid. |
| 13 |
Supreme Court |
SLP (C) 23055 of 2013 |
UOI & Ors Vs CGSAGs29 Pensioners Assoc.& Ors. |
DOJ 29.07.13 |
UOI has filed this SLP against the Delhi High Court Judgment dated 29.4.13 in case of WP(C) 1535 of 2012. This case was heard by Hon.ble Supreme Court on 29.07.2013 with SLP(C) CC No.13280 of 2013, UOI Vs Atma Singh (arising out of P&H HC Judgment) and issued following Orders of Dismissal :
“We are not inclined to interfere with the order passed by the High Court. Consequently, the special leave petitions are dismissed. However, the petitioners are at liberty to raise all points before the Tribunal as and when the appeal, including the contempt petition is preferred.” |
| 14 |
CAT-PB |
OA No. 937 of 2010 and OA No. 2101 of 2010 (DHC order for Fresh Adjudication) |
All India S30 Pensioners Association Vs. UOI |
|
Hon.ble Delhi High Court, in WP(C) 4572 of 2012 in case of All India S30 Pensioners Association Vs. UOI has, by order dated 19.8.2013, has restored these two OAs for fresh adjudication on merits on the claim of full parity, giving full opportunity of hearing the petitioners, without binding decision given on 1.11.2011 in case of OA No. 655 of 2010. Delhi HC has furtehr ordered that the matter would be decided in remand preferably within three months from 19.8.2013 and case be listed for hearing by on 9.9.2013, when both parties would appear before Registrar of CAT-PB.Not heard on 25.9.13. |
| 15 |
Supreme Court |
Contempt Petition (Civil) No. 328 of 2013 |
N.K. Nair & Anr. Vs Shashikant Sharma & Ors. |
No further listing. |
While implementing 4th CPC Report pay of Army , Navy and AF Officers upto Brigadier level and equivalent, was fixed without adding Rank Pay. Hon.le Supreme Couart vide Judgment dated 4.9.12 had directed for refixation of their pay after adding the Rank Pay and arrears paid accordingly. MOD issued orders on 27.12.12 for implementation of the said Judgment. CP(C) 328 of 2013 has been preferred in Supreme Court with plea that (1) Judgment should be implemented w.e.f. 1.1.1986 and not as on 1.1.1986,(2) Minimum of Pay in Integrated Pay Scale for each Rank of officers given in SAI 1/S/87 for Amy and equivaalent officers in Navy and AF should also be raised,(3) Maximum of Integratred Pay scale i.e. 5,100 should also be raised and (4) Refixation of revised pay on 1.1.1996 (5th CPC) and 1.1.2006 (6th CPC) should be done again on the basis of law set by the above mentioned Judgment of the Apex Court, now, meaning thereby, that, the revised pay should be refixed by adding into existing pay the admissible component of Rank Pay or MSP, as the case may be and,payment of arrears be made,accordingly. Further, it is learnt that the Attorney General for India, when Govt. sought his advice, has advised, after due consideration of the pleas in the light of Apex Court Judgment to agree to plea (1) and (4) and not to agree for (2) and (3). Heard on 15.11.13 and notices issued to alleged contemptners to appear in person on next date of hearing.On 17.2.14 Court heard the case, none of the Respondents appeared but their Advocate, SG, sought time for submitting Counter Court allowed two weeks time.On 10.03.14 Advocate on record for petitioners sought time for submitting Rejoinder Affidavit and Court allowed two weeks time. On 31.03.14 HSC heard and passed following orders : In light of the rival submission as above, let an application be made by the petitioners for impleadment of the present Defence Secretary and Controller General of Defence Accounts. The application may be listed for consideration as and when made. |
| 16 |
Supreme Court |
SLP(C)CC No.18339 -341 of 2013. The Case is Converted to SLP (Civil)
36148-36150 / 2013 connected to CA No. 8875/2011 |
UOI Vs DL Vhora & Ors. |
24.07.14 |
These SLPs (along with applications for condoning delay) have been filed by UOI against Delhi HC Judgment dated 29.04.13 in WPC No. 2348-50/2012. (Full parity case).The case came up for hearing before HSC Bench comparising CJI and Justice Ranjan Gogai on 04.10.13 whereupon hon.ble Court ordered : List on 07.10.13 before an approprite Bench. On 07.10.13 the case came up for hearing before HSC Bench comparising of Justice Nijjar and Justice Kalifulla. The Court ordered “On the request of Mr. A.S. Chandhiok, learned ASG, list these matters along with Civil Appeal Nos.8875-8876 of 2011.” Case adjourned for hearing on 01.11.13. Heard on 1.11.13 and delinked from CA No. 8875-76.Heaard on 19.11.13 and again linked to CA No. 8875-76, delaly condoned, ordered for issuing notices and staying bringing up contempt petition in HC or CAT.Not herd on 4.2.14. |
| 17 |
Supreme Court |
SLP(C) 19784 SLP (C) CC 12122, 12366, 12373, 13325, 14816, all of 2013. |
H V P N L Vs. R K Agarwal and Other 5 Respondents |
DOJ 28.10.13 |
These SLPs (along with applications for condoning the delay) are against P&H High Court Judgments granting Modified Parity to Haryana State Govt. Pensioners.Heard on 18.10.13. Hon.ble Court asked UOI Advocate to submit written statement before next hearing. Case was heard on 28.10.13 and following order were passed :
Learned counsel appearing for the petitioners seeks permission to withdraw the special leave petitions with liberty to approach the High Court. Permission is granted. Consequently, the special leave petitions are dismissed as withdrawn with the liberty as aforesaid. |
| 18 |
Supreme Court |
Review Petition(Civil) No. 2492 of 2013. 31861 of 2013 |
UOI Ors. Vs s29 SAG Pensioners Association |
DOJ 12.11.13 |
This Review Petition(Civil) has been filed on 4.10.13 and is under scrutiny. This is against Judgment of dismissal given by hon.ble Supreme Court in case of UOI Vs. s29 Pen. Assoc. SLP(C) No. 23055 on 23.07.13.The RP was taken up in Chamber by the hon.ble Supreme Court and following order were passed on 12.11.13 :
“Delay condoned. Prayer for oral hearing is rejected. We have perused the Review Petition as well as the grounds in support of the Review Petition. In our opinion, no case for review of order, dated 29th July, 2013, is made out. Consequently, the review petition is dismissed.” |
| 19 |
Supreme Court |
SLP(C) 33864 of 2013 |
U.O.I,SECRET ARY,MIN OF COMMUNICAT ION&ORS Vs RAM KISHAN PANIPAT |
DOJ 28.10.13 |
Heard on 28.10.13. Hon.ble Supreme Court passed following order : We are not inclined to interfere with the order passed by the High Court.Consequently,the special leave petition is dismissed. However, the petitioners are at liberty to raise all points before the Tribunal as and when the appeal, including the contempt petition is preferred. |
| 20 |
CAT / Chandigarh |
Con.Pet. No.84 / 2013 |
Atma Singh Vs U.O.I., Secret.,DOP and Secret. Comunication |
Next date of hearing is not yet known. |
Modified parity case. CAT/Chandigarh in OA No. 44/HR/2012 gave judgment directing UOI to fix revised pension in terms Resolution dated 29.8.2008in but UOI preferred CWP 22510/2012 in P&H HC but the same was disallowed. UOI then preferred SLP(C) CC 13280 / 2013, which hon.ble Supreme Court dismissed on 29.7.2013, alongwith SLPC 23055, which was against CGSAGs29p Association. Contempt Petition No. 84/2013 has been filed now against UOI, Sec. /DOP and Sec. / Coomunicastion. for their failure in implementing CAT/Ch. directions, even when Review Petition has also been dismissed. |
| 21 |
P & H High Court |
EA 35 /2013 in CWP 3452/2010 |
O P Kapur &Ors Vs State of Haryana & Ors |
14.03.14 |
In CWP 3452 P&H HC on 21.12.2012 had directed Haryana Govt. to refix pension giving modifed parity and pay arrears thereto within two months or pay arrears with 9 % interest after 1.3.2013. Haryana Govt. preferred SLPC 19784/2013 which was dismissed as withdrawn by the hon.ble Supreme Court on 28.10.2013.Haryana Govt. then filed a Reviw Application in P&H HC to review the Order dated 21.12.2012 despite the affirming order by the hon.ble Supreme Court, which was dismissed on 31.01.2013. During the hearing of EA 35/2013 on 26.02.2014 the P&H HC has passed following orders : “It is made clear that in case necessary steps are not initiated and amount is not disbursed to the applicants/petitioners before the next date of hearing, this Court may be constrained to call the official respondents in Court or order may be passed to attach salaries of the Officers concerned.”
During hearing on 14.03.2014 Govt. Advocate informed the Court that the PPOs of Petitioners have been revised and orders for payment of arrears of revised pension w.e.f. 1.1.2006, along with 9 % interest thereon, have been issued. |
| 22 |
Supreme Court |
Curative Petition No. 126 of 2014 |
UOI Vs CGSAGs29 Pensioners Association |
30.04.14 |
This Curative Petition was against dismissal of Review Petition No. 2492 of 2013. The five Judgme Bench of hon.ble Supreme Court presided over by the hon.ble CJI himself, dismissed this petition on 30.04.2014 stating that no case was made out within the parameters indicated in the decision of this Court in case of Rupa Ashok Hurra and Ashok Hurra reported in 2002(4)SCC 388. |
COMMENTS