Disburse the arrears of pension for the period 1-1-2006 to 23-9 2012 – BPS
Implement in letter & spirit the orders dated 01.11.2011 of
honerable CAT Principal Bench-BPS writes to secy. GOI M/O
Personnel,PG,AR & Pensions
BHARAT PENSIONERS SAMAJ
No.SG/PBS/Legal/014/1
Dated 02.07.2014
Shri Sanjay Kothari
IAS
Secretary,
M/O Personnel PG AR & Pensions
Dear Sir,
Sub: Implementation of the order dated 1.11.2011 of Hon’ble CAT, Principal Bench, New Delhi in OA No. 655/2010.
1 Kindly connect DOP &PW letter No. 38/7 7-A/09-P8.PW (A) dated
29th May 2014 addressed to the Secretary(Shri sant Bhushan Lal) Central
Government SAG (S-29) on the above subject.
2. At the outset. we will lire to point out that the above letter
is in the nature of continuation of willful defiance of the CAT’s order
by DOP &PW and is intended to GO AGAINST THE judicial directives.
What is displayed in this letter under reference is a deliberate
minister pretation and distortion of the Hon’ble CAT‘s order dated 15.
5.2014 Para 2 of the above letter states that ‘As directed by the
Hon’ble CAT, the order dated 111112011 of Hon’ble CAT, Principal Bench.
New Delhi is required to be implemented in respect of petitioners in OA
No. 655/2010″ which is factually incorrect and misleading. Hon’ble
CAT-PB vide its order dated 01 11 2011 quashed clarificatory OM dated
03.10 2008 and directed to refix the pension of all pre-2006 retirees
w.e.t. 1 1.2006. based on the Resolution dated 29 08.2008 While
dismissing WP (C) No 153512012 of UOI on 29-4-2013. Hon’ble Delhi High
Court upheld the verdict of the CAT PB Dismissing SLP (C) No.23055/2013
filed by UOI against the judgement of Hon’ble Delhi High on 29-7-2013
and then Review Petition (C) No 2492/2013 on 12-11-2013 and finally
Curative Petition (C) No 12612014 on 30.4.2011, Hon’ble Supreme Court
upheld the Judgement of the Hon’ble Delhi High Court with this, CAT
verdict dated 1-11-2011. referred to 1 has attained legal finality.
3. On 15 052014, the Hon’ble CAT-PB disposed of Contempt Petition
No 158/2012 direct ing the Uo1 to implement the directions of the
Tribunal Honble Delhi High Court uphold-ing the verdict of CAT PB, took
note of DOP letter F.No. 38137/08-P&PW (A) dated 28TH January. 2013
whereby the pension of all pie-2006 pensioners was stepped up from an
arbitrary date ol 24-9-2012 as per the Resolution dated 29-8-2008
Further in Para 2 & 3 of the ludgement it is noted that the
Government ol India has tacitly admitted that it was in the wrong and
that the Tribunal is correct and the only issue that survives are the
denying arrears to be paid to the pensioners with effect from January 01
, 2006
4. The operative part of the Honble CAT’s order dated 15-5-2014 is
contained in Para 3 and reads as “It would be appropriate to dispose of
the matter with direction to the respon-dents to implement the
directions oi the Tribunal expeditiously. preferably within
threemonths.‘ (Emphasis added). The direction of the Tribunal is with
reference to its order dated 1-11-2011. The Hon’ble CAT never diluted
its order dated 1.11.2011 nor could it have done so in its contempt
jurisdiction especially when its order dated 1.11.2011 had got merged
with the judgment dated 29.4.2013 of the Hon’ble Delhi High Court in WP
(C) No. 1535/2012.
4.1 Consequently, contention of implementing this directive only in
respect of the members of the SAG S-29 Association up to the date of
filing of OA No. 06550010 is not valid All retired Central Government
employees covered under the category of pre 2006 pension-ers are
entitled for re-fixation of pension from 1-1-2006 as per the directive
of the CAT-PB dated 1-11 -2011. which has been upheld right up to the
Apex Court while dismissing SLP/Review petition/curative Petition in
this case.
6 We. therefore, earnestly request you to please implement judicial
verdict in its true spirit and content by issuing necessary
instructions to the concerned authorities to disburse the arrears of
pension tor the period 1-1-2006 to 23-9 2012 and stop further harassment
and hardship to the aged pensioners in 70s and 80s (and a number of
them being above 80-85 years at age) in their sunset years. For this,
all that is required is to issue a corrigendum to your OM No
38140/12-P&PW(A) dated 28-1-2013 making it effective w.e.f.
1-1-2006.
Thanking you in anticipation.
With regards
Thanking you,
sd/-
Yours faithfully.
S.C. Maheshwari
Secretary Gent Bharat Pensioners Samaj
Encl: Copy of DOP &PW letter under reference
Source: www.scm-bps.blogspot.in
[http://scm-bps.blogspot.in/2014/07/implement-in-letter-spirit-orders-dated.html]
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