Pre 2006 Pensioner’s Arrears from 01.01.2006: Law Ministry’s advise to DoP & PW
Ministry of Law & Justice
Department of Legal Affairs
Dy. No.1295/LS/2014
F. No. 38/77-A/09-P&PW (Vol.II)
D/o Pension & Pensioners Welfare has referred this file to examine on the following issues:
(i) The Curative Petition filed in
respect of OA No. 655/2010WP(C) No. 1535/2012/SLP (c) No.
23055/2013/Review Petition No. 2492/13 has been dismissed by a Five
Member Bench of the Hon’ble Supreme Court headed by Chief Justice of
India. Therefore, we may implement the CAT/High-Court order in respect
of petitioners only subject to acceptance of this option by the CAT,
Principal Bench in the pending Contempt Petition. The implementation of
CAT order will be subject to the clarification sought from the CAT and
mentioned in Para 2 above.
(ii) We may implement the CAT order in
respect of all pre-2006 pensioners subject to the final outcome of the
pending SLP No. 36148-50/2013.
(iii) Although the Curative Petition has
been dismissed. we may await the outcome of SLP No. 36148-50/2013
before deciding on the question of implementation of CAT order, subject
to acceptance of this option by the CAT, Principal Bench in the pending
Contempt Petition.
2. It is the case of Department of
Pension that the order dated 1/11/2011 (Flag B) passed by CAT in OA
No.655/2010 in the case of Central Government SAG Pensioners’
Association v/s UOI and Ors. had acquired its finality consequent to
dismissal of Writ Petition (C) No.1535/2012 titled as Union of India and
Anr. v/s Central Government SAG Pensioners’ Association and Ors. by the
High Court vide its order dated 29/412013 (Flag F). dismissal of SLP
No.23055/2013 by the Apex Court on 29/7/2013 (Flag G). dismissal of
Review Petition No.2492/2013 by the Apex Court on 12/11/2013 and
dismissal of Curative Petition (C) No.126/2013 by the Apex Court vide
its order dated 30/4/2014 (Flag K). In these circumstances it is stated
that order of tribunal passed in OA No.655/2010 in the case of Central
Government SAG Pensioners’ Association (SUPRA) acquires its finality. It
is also mentioned in the reference note that a Contempt Petition for
implementation of CAT order dated 1/11/2011 is pending before the
tribunal and is fixed for 15/5/2014.
3. In other matters wherein the
Deprtment have filed SLPs before the Apex Court against the orders of
the tribunal and the High Court and those SLPs are still pending and the
Hon’ble Supreme Court had recorded the statement given by the Counsel
of Respondents that ‘they shall not precipitate the matter by filing
contempt proceedings either before the High Court or before the
Tribunal’ in its order dated 19/11/2013 (Flag I). In these circumstances
there is no possibility for filing any contempt against the Department.
4. Having exhausted all the possible
available remedies. the Govt. is left with no other alternative but to
implement the order passed by the CAT, which has been upheld by the
highest Court of the land. In so far as the pending SLPs are concerned,
there may not be any objection in awaiting the final outcome of the
cases before taking a final decision.
May kindly see.
(R.S. Verrma)
Deputy Legal Adviser
08.05.2014
JS & LA (Shri. D. Bhardwaj)
Source: www.scm-bps.blogspot.in
[http://scm-bps.blogspot.in/2014/10/law-ministry-never-advised-dop-pw-to.html]
#Pension Adalat, #Pensioners, #Pensioners Associations, #Pensioners Issues, #Pre-2006 Pensioners, #Central Government Pensioners,# Pension Arrears, #Pension Orders
