Wednesday, November 13, 2013

Grant of pension from 01/01/2006?

As most would know, the Govt had challenged before the Supreme Court the decision of the Delhi High Court wherein the judgement by the Central Administrative Tribunal granting benefit of rectification of pensionary anomalies from 01 January 2006 rather than 24 September 2012 was questioned. The order in effect and essence affected all central govt pensioners, including defence pensioners.
 

The controversy had emanated from the fact whether the benefits of the correct pension were to flow from 01 Jan 2006 which is the date from which the 6th Central Pay Commission recommendations were implemented or from 24 Sept 2012 when the Govt had decided to remove the anomalies in the pension structure after the said Pay Commission. Of course, it was held by Courts that the removal of the anomalies shall date back to the date of the inception of the said anomalies and not any later artificial date.


Incorrigible as it is, the Govt had gone ahead and filed a Review Petition in the matter urging the Supreme Court to review its order of dismissal of the SLP filed by the Central Govt.

The Supreme Court has yesterday dismissed the Review Petition filed by the Govt in the matter.

What next?

17 comments:

Maj Rajagopalan C said...

Hope there Won't be any further delay in disbursement.

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

In any case A VERY HEARTY CONGRATS TO
RDOA FOR THIS.
V.SUNDARESAN

Unknown said...

It is a very good News. The Govt was just playing "Delaying Tactics " Babus must learn from this Episode.They can't go to International Court Of Juctice ! Hopefully, the arrears will be released before the end of the yr. R DOA, keep moving forward with Faith.

Unknown said...

What next? Good question, indeed.
This bad blood between the forces and the govt of India is reaching alarming proportions. It can not be that this will not have any adverse effect on the willingness of the soldier community, retired and serving, to make major sacrifices for the country. That adverse effect is a natural fallout.
That is what is next. Only, it matters neither to the politicians, nor to the bureaucracy and least of all, to the people of India. As long as Sachin is garlanded properly, an Indian is happy.
Till, it is too late.

venugopal said...

I feel IAS lot wants to cover their backs. They want to show that they have tried till end to prevent loss to Govt exchequer. Systems and procedures have to assit purpose and not defeat the purpose.
Lt Col venugopal (Retd)

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

MOD ilke KING GAJANI. NEVER LEAVE. KILL THE PATIENT TILL HE DIES.
V.SUNDARESAN

Kanny said...

Is there a timeframe for payment in the judgement?

dogra said...

dear all . Hon Delhi high court had earlier dismissed similar PIL .the next . there must be some thing upsleeves of some cunning babus.

Airco said...

If there is a Will, there is a Way...If Babus still have the will to deny the legitimate dues to AFs, they will find a way to do it.Forming Committee/sub-committee/study group et al to work out the modalities of xxxxxxxx could be the Next Step in the Strategy !!!

The saving grace is that in this instance, Central Govt Babus are equally affected adversely. So AFs will not lose out.

There is a lesson here: Have knowledgeable fauji babus ( those good at staff work) with power to make dissenting notes as members of the Seventh Pay Commission to project and protect AFs interests.

karrivr said...

Sir,
Thanks for the news.
This news first appeared in Maj.Navdeep's blog.Visitors here may also please read the comments there.

http://www.indianmilitary.info/2013/11/pension-from-01-january-2006-rather.html

corona8 said...

Not that this would matter too much, ought not a link be provided in the text of this blog post to the original blog post from Maj Navdeep?

lt col shamsher manhas said...

what is wrong with this govt?

Collamba said...

1. commendable action..congrats
2. WHAT ABOUT NFU STATUS TO ARMY & COMMUTATION PERIOD AS 13 YEARS

Collamba said...

CONGRATS, WHAT ABOUT NFU STATUS

OneTopic at a time said...

@Venu, Sundaresan et al, we are unnecessarily endowing the IAS with intellect. They are just the opposite. We should take steps like filing a WP that if MoD is filing cases when not advised by Legal Adviser etc and loses the case, the cost should be recovered from the officers of MoD.

Please read the Moily signed Litigation policy which has been disregarded completely by every Dept of MoD to understand.

Unknown said...

Let us wait outcome of Contempt Petition filed before CAT PB New Delhi?

SANTOKH said...

I think honorable High Court had granted 9 % intt. Any change in HSC order?
Dear lt col shamsher manhas, I think you should ask WHAT IS NOT WRONG WITH THIS GOVT?