RDOA had taken up case with MoD for admissibility of disability pension in cases where disability is Niether Attributable Nor Aggravated (NANA) due to Military Service with 20% or more disability based on the judgment given by the Supreme Court.
MoD has now filed appeal against the said judgment in the SC. Another legal battle in the offing for the veterans. RDOA will step in and fight for the veterans. Reply recd is appended.
MoD has now filed appeal against the said judgment in the SC. Another legal battle in the offing for the veterans. RDOA will step in and fight for the veterans. Reply recd is appended.
Office of the Controller General of Defence
Accounts, Ulan Batar Road, Palam,
Delhi Cantt – 110010
Fax: (011) 25674811
|
No 5669/AT-P/Supreme Court
To
LT. Col Satwant Singh (Retd)
Secretary, RDOA
Sub: Payment of disability pension: Neither attributed nor aggravated by Military Services.
Ref: Your mail representation dated 10.10.2013
********
Please refer to the above representation dated 10.10.2013 received through Mail. In this regard, it is intimated that Ministry has filed appeal regarding disability pension on Neither attributable nor aggravated (NANA) by Military service. Hence, no action is pending at this stage.
ACGDA (Pension)
13 comments:
Yes A Repub,lic day GIFT. By the by can such things happen with any other ministries? say railways,P&T, finance etc?
we have become jokers in the eyes of MOD
v.sundaresan
MoD is friend or foe
Legal remedies are ok. It will take years and some deserving/undeserving fellows will ultimately get the benefit of favourable Court decisions followed by SLPs/Reviews and what not. RDOA should also examine the viability of Non-legal,but more effective interventions.
@Ranbir Lamba
"MoD is a friend or a foe"?(sic)
Sir,
The correct answer is neither.
The precise word for it is frenemy!
fren·e·my
noun \ˈfre-nə-mē\
plural fren·e·mies
Definition of FRENEMY
: one who pretends to be a friend but is actually an enemy
- Source : http://www.merriam-webster.com/dictionary/frenemy
We have not become jokers. We are only sufferers. Henceforth, SC should order heavy costs which should be paid by MOD to the sufferers for having put us to heavy legal costs,besides mental agony.
Hon'bl SC seems to have dismissed on 21.01.14, a review petition filed by MOD in case of Captn Butter vs GOI regarding applicability & broad- banding of disability pension to pre 1996 retirees.
I request RDOA or any one else to throw more light on details of the case and its benefits.
Ref: my last comments:
It is now found that judgement relates to 'review petition-civil (no. 2688 of 2013)' against judgement of Hon'ble SC pronounced on 31.03.2011 in the case of "UOI vs Captn KJS Butter (Civil Appeal no. 5591 of 2006)".
Details are available on web site of Supreme Court.
It will be found to be useful to many Armed Forces personnel and needs wide publicity.
Dear Bedi
Pl see Maj Navdeeps blog.
Col Pardaman Singh
Wednesday, November 13, 2013
Pension from 01 January 2006 rather than 24 September 2012 : Supreme Court dismisses the Review Petition filed by Govt of India
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.
The Supreme Court was however pleased to dismiss the SLP filed by the Govt in July this year as was placed on this blog.
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 other tricks are in the offing?
CAN ANY BODY TELL ME THE LATEST POSITION ON THIS
It is correct that MOD has filed an appeal against NANA judgement or is it another delay tactics.
delay tactics by babus to trouble sick& old
Lt. Col. A.P.E. Kutty (Retd)
Sir, it is ridiculous the the Government announces one thing for the Defence Forces and the MOD officers take the Defence Forces to the Court. Who is the custodian of Indian Defence Forces. The PRO (Defence) notification on OROP has no authentication. May God Save the Indian Armed Forces from the clutches of Bureaucrats.
dear kutty, babus are fooling us. even now see latest OROP. FM SAYS HE IS PLEASED TO ANNOUNCE & KEPT RS 500CR, WHERE AS EXP IS ABOVE 2300 CRORE SECONDLY RM IS SHOUTING FROM TOP OF ROOF & TELLING CGDA TO PAY, ALL ELECTION STUNT. TILL FM ISSUES IMPLEMENTATION LETTER & FIN MIN ISSUES PAYMENT LETTER. NO CGDA/CDA[O] WILL BE ABLE PAY , SIMILARLY 50% DA merger approved by govt & 7th CPC to issue in interim report, when will fin min interim report will come GOD knows
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