Monday, August 19, 2013

Updates as on 20 Aug 13

1.IV CPC rank pay case 'Contempt Petition' has already been filed on 31 July 13. When listed for hearing will be put on the blog for info of all.

2. Minimum guaranteed pension as per GOI letter  payable with effect from 24 Sept 12. HSC upheld the judgment of the Delhi High Court that the payment should be from 01/01/2006. GOI yet to issue notification to that effect.

3. Broad banding  of disability pension in the case of Lt Gen Vijay Oberoi has been rescheduled for another day. Next date of hearing will be intimated in due course. RDOA is party to the case.

4. Major's pension case, filed by Cdr Avatar Singh & Ors, for payment of minimum guaranteed pension  wef 1/1/2006 has been rescheduled by 4 weeks from 12 Aug 13 in HSC. RDOA has filed application of intervention in the case.

5. In a recent judgment given by the HSC where in it has been stated that persons with 20 % disability or more due to NANA (Neither Attributable Nor Aggravated)  due to service conditions are also eligible for disability pension. RDOA will be initiating the case on behalf of all affected veterans. Affected officers are requested to become members of RDOA if not already done.



  

11 comments:

corona8 said...

These are very welcome updates and would be of great value to all affected amongst followers of this blog.

It would also be useful to learn of the status of the issue concerning pension of Lt Col retirees withg more than 26 years of service as highlighted at para 4 of this blog post.

If there is any litigation or representation under process on that matter, others affected could also join in and contribute their mite.

RDOA could play an important and central co-ordinating role in resolving this matter.

WG.CDR.V.SUNDARESAN(RETD) said...

Very many thanks for the update. I wish RDOA AND THE LEGAL TEAM A VERY GRAND SUCCESS IN THIS VENTURE.
V.SUNDARESAN

Alok Asthana said...

Absolutely great work by RDOA. Way to go.
Those not yet a member may seriously introspect their action. If not now, when?

CL BEDI said...

@ Ref Sl.no.4:
"Major's pension case for payment of minimum guaranteed pension wef 1/1/2006..."

Please confirm if it is the same case (nos. 8875 & 8876 of 2011-Lt Cdr Avtar Singh & Sqn Ldr Vinod Kr) for which HSC has now fixed next DOH as 27.9.13.

If not, then please give details of this case under reference.

Dhoop said...

Develoments related to Para 6 needs to be followed by all Lt Cols who retired prior to 16th December 2004 with more than 26 years of service.

The background of the case cited by RDOA is not known i.e. whether it came to Hon'ble Supreme Court from an AFT or an Hon'ble High Court.

MANGE PANGHAL said...

....said @ C L Bedi. It is same case which was listed on 16/08/2013.

Rajagopalan C said...

Officers who took premature retirement had to forgo disability pension as it was a clause to be eligible to apply for premature retirement prior to 2006.in my own case i was finding difficulty in performing my duties due to medical problems& applied for premature retirement in 2003. Release medical board had awarded 20% disability but was not eligible being premature retirement.RDOA is requested to take up similar cases also atleast Wef 01-01-2006.I am a member of RDOA My e mail id is maj.rajagopalan@gmail.com.Will be grateful if some one can guide me in initiating a case if there are any favourable previous judgements.Major Rajagopalan C.

dev said...

@ MAj Rajgopalacharya......this clause has been removed and now you are entitled for 20% disability as Govt order is already in place.RDOA need not do anything...please approach mp-5 and PS-4 with your RMB.

CL BEDI said...

For information of all concerned.

The Contempt Petition has now been registered by HSC as "Contempt Petition (Civil) 328 of 2013".

Wait for step.

MANGE PANGHAL said...

,@ CL BEDI...Major's pension case has been fixed for 27.09.2013 in CA No 8875/2011.

Capt Sharma said...

I am repeat posting of my comment regarding the Update " Broad banding of disability pension in the case of Lt Gen Vijay Oberoi has been rescheduled for another day. Next date of hearing will be intimated in due course. RDOA is party to the case."
Supreme Court Website states "No further Instructions for Listing the Case" Last hearing was more than 10 months back that is., 07 Jan 2013.
May I request RDOA to give informed position as it states that it is party to the Case. What is keeping SC from listing the case for such a long time???