The case came up for hearing today ie 27 Mar 12 at item no 8 in court no 8.
The Solicitor General (SG) was not available for next two days (27 & 28 Mar12) due to personal reasons. UOI asked for fresh date. The court obliged. Next listing after three weeks.
The Solicitor General (SG) was not available for next two days (27 & 28 Mar12) due to personal reasons. UOI asked for fresh date. The court obliged. Next listing after three weeks.
36 comments:
Is there not any provision that in such cases where SG is not finding time to be present in hon'ble court due to his busy schedule/personal reasons and that too for review petition filed by the Government on probably his advice, that SG should suggest a date when he can be available. At least, one case will be reduced from the list of pending cases.
I urge the RDOA's learned legal team to approach the Bench praying for a final disposal at the next hearing after 3 weeks.
Unless the RDOA stresses the imperative for speedy disposal to the Honourable Bench, there is a possibility that the Bench may think that the Retired Officers are not serious about a decision - either upholding the order of 8.3.2010 or modifying/recalling the order.
Is it not possible for RDOA to ask why the UoI did not inform the Court that SG would not be available when the case was listed for 27-3-2012?
All this 6% interest and counting chickens before they are hatched is fine but demoralising when we keep waiting and waiting.........
Hip hip Hooray!!
The case will drag till tit is time for the Cout to close fr summer vaction.. And them a fresh date will be given after the vacation...
this is not going to "Final Disposal" till the next General elections!!
So on April 17, 2012 is the date set to decide on the next hearing date and so on and so forth...
This is not the first time that SG has not made himself available and every time the court accepts his plea and that too for personal reasons.Is there no way our lawyers can impress the SC that these delay tactics are going too far.It is now 2years since SC verdict and no end in sight
Gp Capt OP Satheesh(Retd)
why does the PRESS not take up the issue and bring it out in the public domain. Once the press and the public know that injustice has been done will the Govt be serious
I think that this particular case must be heading for a G. record of sorts and even the SC,SG etc want a share in the honour of records. Oterwise any inf. about any case lingering for more than 25 years?
It is beyond comprehension as why SG only can represent the case on behalf of the Govt and why not addl SG
who may be available. For that matter, even AG can represent on behalf of the Govt. It is apparently a delay tactics nothing else.
Seriously, are the lawyers hired by RDOA doing this as an honorary cause or are they paid for every appearance?
Either way, we all stand to just wait and watch. If it is honorary then there isn't any interest whether the outcome is speedy or delayed.
If it is on payment, then income increases but does RDOA have so much of funds that it can wait as the case vends a tortured way through the court?
Baffling!
I have written a separate email to the officials of RDOA requesting some substantive information on why we are agreeing to the UoI's every pretext and excuse (and "googlies" - to borrow RDOA's use of that word)for postponing a decision. It would also be interesting to read the important parts of the UoI affidavit on parity of pay - pre and post Fourth Central Pay Commission.
I hope I will be favoured by a reply on this blog so that we may all know.
Air Mshl (retd) S Y Savur
For office bearers of RDOA and legal team - please take heart and learn from the quick dismissals of Review Petitions and even the SC stating (or words to that effect) that the Govt is trying to get the case re-heard in the garb of a Review Petition.
So what is the strategy for 27.4.2012?
Air Mshl (retd) S Y Savur
I read more carefully than I did earlier the websites of the RDOA and Maj Navdeep Singh on Rank Pay anomaly. I realise I was foolish expecting a different kind of treatment by the Supreme Court because I know now that the UoI did NOT file a Review Petition but an Interlocutory Application (Number 9/2010). So the treatment in Court will be different - hearing both sides in open court and then passing orders on the IA.
If it was a Review Petition then the Bench would have perused it in chambers and decided whether it was deserving of a review or being dismissed.
I am sure RDOA and Maj Navdeep Singh will correct me if my assumption is again in error.
Air Mshl (retd) S Y Savur PVSM AVSM
@--; Sir, That's a most helpful clarification. The problem is, both sides have indeed been heard but the "applicant" refuses to be heard in full for the long awaited 'final disposal'.
Dear all, seasons greetings.
Now may i know when is the next hearing of the case?
Or is it a never ending process?
By the by, RDOA, pl give clarification on the point raised by
A.M.Savur/
If the goi has filed only the IA, then we can forget the case for sometime. but what is the strategy of RDOA?
Actually, this may be the right time to think of some other means like approaching the new COAS or RM etc.
Wg.Cdr.V.Sundaresan(retd)
Sorry to be a pest but can't RDOA's legal team challenge the repeated non-appearance of the SG?
There is a Procedure for complaints against advocates at The Bar Council of India's website
www.barcouncilofindia.org › Professional Standards.
It is 8 pages long and so I have not re-produced it here.
Air Mshl (retd) S Y Savur PVSM AVSM
@Ranbir Lamba: I have my doubts whether the information you have shared in the "Comments" portion of this blog post will be disseminated widely, considering it is not related to the main blog post at all. Could you consider posting on the chatroll in Maj Navdeep's "Military Benefits" blog, or request the owner of this Blog to post a separate blog entry regarding the matter? Regards.
I shall wait for RDOA's reply to my query for another week and then as I am in New Delhi, shall seek the convenience of Gp Capt (retd) Bhati to provide me the legal solace that we are all on the right path.
I am 66 yrs old on the next birthday and confess that I don't wish to spend the next 10 years awaiting the FINAL DISPOSAL.
There is a procedure for ensuring the presence of the SG, especially as the IA was filed by the UoI. It stupefies me (earlier I was baffled) why the legal team does not want recourse to that.
Sufiyana about 6% interest daily is fine but what use is it to me if I am dead? Like many others are?
Air Mshl (retd) S Y Savur PVSM AVSM
there is no news regarding the judgement implementation of afts regarding hike in pension of pre 2006 retd majors and equivalents.can you help by putting up the latest info.
maj devakumar
@maj devakumar rn: As I'd pointed out in my previous comment, any posts or queries posted as 'comments' on a blog post and not related to the subject of the blog post do run the risk of being ignored, in some cases rightly so.
It's really upto the blog owner, of course, to permit off-topic comments or entertain queries posted in this fashion, but, why not address your query to the email address given at the top of the home page of this blog for a direct response?
@Ranbir Lamba, the operative paragraph is
"2. The Supreme Court of India in its judgement dated 9th December,
1986 in writ petition No.3958-61 of 1983 held that all Central Government Pensioners governed by Central Civil Services (Commutation of Pension) Rules, 1981 and corresponding rules for Armed Forces personnel and All India Services Officers and
railway Pensioners who have commuted the admissible portion of their pension are
entitled to have the commuted portion restored on the expiry of 15 years from the date of
retirement.
You may wish to check your information again.
Air Mshl (retd) S Y SAVUR PVSM AVSM
@Ranbir Lamba,
There is an organisation of Maj (retd) Negi and his daughter Anamika Negi in Chandigarh. They asked, in 2008, for Rs 1000 to be sent for being included as petitioners in two cases - The commutation and the Rank pay cases.
Their website states the SC judgment ack the 2 years purchase but maintained 15 years as the time period.
Am neither aware of the progress nor know what happened. Some one in Chandigarh might shed more light.
Air Mshl (retd) S Y Savur PVSM AVSM
As for the delay by MoD citing non-availability of SG, please read the following judgment of the Delhi High Court.
HIGH COURT OF DELHI : NEW DELHI CRP No. 162/2009 % Judgment reserved on: 29th July, 2010 Judgment delivered on: 2nd August, 2010
I regret that RDOA cannot find time to let us members know how long we are to wait for the Learned SG to appear.
Air Mshl (retd) S Y Savur PVSM AVSM
@ Ranbir Lamba, thank you. Let me try a RTI. Hope it works.
Will keep you posted.
Best wishes
Air Mshl (retd) S Y Savur PVSM AVSM
Do any of the comments on commutation of pension, posted in capitals at that, have any relevance to the blog post.
Prima facie it's a case of a thread hijack.
If the sanctity of this very serious and sincere blog is to be maintained, there is need for some monitoring to the turns and twists comments take.
@corona8,
As we all get older, we replace some physical exercise with mental exercise. Stress and strains replace fractures and sprains. So every has time at the computer to know how to make that payment thru pensions go longer and meet the 12-15% inflation.
I don't think anyone intended hijacking this blog for expressing his opinion on the restoration of commutation but may be, just may be he felt that RDOA, one it wins the IA 9/2010 battle has to fight the next one. It would be interesting for people who retired in 2006, 2007, 2008 were paid an initial amount as CVP and later in 2009 paid the balance as arrears after Sixth CPC, whther the 15 years counts from date of original CVP payment or is staggered into two stages - 2006/2007/2008 and then 2009.
Air Mshl (retd) S Y Savur PVSM AVSM
1,I had posted detailed comment with proof for benefit of retired officer's RESTORATION OF COMMUTATION AFTER 13 YEARS ,SC APPROVAL EXISTS &THEIR ARE PLENTY MORE OTHER PENDING BENEFITS OTHER THAN RANK PAY BUT I HAVE NOT POSTED AS RODA HAS NOT LIKED & THOUGHT SOME ONE IS HIJACKING BLOG .SS I had removed as RODA NOT INTERESTED OTHER THAN RANK PAY ISSUE
2.BEST OF LUCK
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