**SIGNALS-PARIVAAR** Full Pension to Pre-2006 Pensioners when service less than 33 years
Brig N.K DHAND
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Brigadier Narinder Dhand,
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http://signals-parivaar.blogspot.in
From: "MG Kapoor" <mgkapo...@gmail.com>
Date: 24 Mar 2015 06:44
Subject: Re: [**SIGNALS-PARIVAAR**] Full Pension to Pre-2006 Pensioners when service less than 33 years
To: "NARINDER" <nkd...@gmail.com>, "NK DHAND" <nk.d...@gmail.com>
Cc:
Dear Narinder,
I too had filed a similar O.A. before the AFT, Principle Bench, taking the same ground as given in the operative para of the CAT, Ernakulam Bench judgment and Order dated 16.8.2013, cited by you in your email quoting Bharat Samaj. My O.A. was allowed by the learned AFT.
(Before filing my O.A. I had written to a senior officer running a blog (name withheld) to put on the blog my intention to file such O.A. asking similarly placed Lt Cols to join me in the O.A. without paying me any fee but paying only the actual expenses, but he rejected putting it on the blog saying I may contact similarly placed Lt Cols directly. Therefore, I was left with no option but to go it alone as it was very difficult for me to contact similarly placed officers myself).
You may be aware I took premature voluntary retirement after 21 years of service and my pension was fixed per pro-rata reduction. However, the AFT allowing my O.A. directed fixation of my pension at 50% of (minimum of pay of a Lt Col in pay band 4 + GP + MSP), which meant no pro-rata reduction.
The Govt has filed appeal against such judgment and order that is lying pending in the SC.
That said, the dismissal of the SLP against Kerala HC order dismissing Govt appeal against CAT Ernakulam Bench Order is:
i) not in rem but in personum; and (meaning it applies to that case only)
ii) being in limine is not res-judicata (does not mean issue has been finally settled)
iii) being in limine does not set a precedent - though it may be of persuasive value.
Therefore, one may not be jubilant that based on such dismissal of the SLP all appeals by the Government pending in the SC shall automatically be rejected - although Govt appeals have no merit and are liable to be rejected. The Government has very weak case in appealing against the various AFT / CAT orders.
(In such appeals the veterans should thank the JAG
Branch advising on appealing against AFT Judgments and Orders, though we always keep complaining against Babus!)
You may like to convey my views to others, if so advised.
With best wishes and kind regards,
MG
IMPORTANT MESSAGE FYIFull Pension to Pre-2006 Pensioners when service less than 33 years – Govt Appeal dismissed by Hon’ble Supreme Court
While many Pre 2006 Pensioners with less than 33 years service have got favourable verdict from CAT and the consequent appeals by Govt are pending at various stages, Bharat Pensioners Samaj reports that SLP filed by Govt relating one of such cases against the order favourable to pre-2006 pensioner has been dismissed by Hon’ble Supreme Court. Hence it is likely that other cases would also be decided on the basis of this dismissal by Apex Court in favour of Pre 2006 Pensioners.
CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH in their order dated 16.08.2013 in Original Application No. 715 of 2012 with Original Application No. 1051 of 2012 in concluding para 7 & 8 ruled:
7. In the light of the above, the settled law is that in no case the pension of the pre-2006 pensioners shall be lower than fifty percent of the minimum of the pay in the Pay Band plus Grade Pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. It meas that pension of a pre-2006 retiree has to be first calculated taking into account the revised pay in the pay in the Pay Band plus Grade Pay corresponding to the pay scale from which he retired proportionate to the length of his service and then find what is 50% of the minimum of the Pay Band plus Grade Pay and fix higher of the two as his pension. Hence the applicants are eligible to get the minimum pension in the Pay Band plus Grade Pay of the Deputy Office Superintendent, the post from which they had retired, with effect from 01.01.2006. Accordingly, the O.As are allowed as under.
8. The respondents are directed to issue revised Pension Payment Order (PPO) to the applicants specifying the pension on the basis of Para 4.2 of the O.M. dated 01.09.2008, i.e. 50% of the minimum of the pay in the Pay Band plus Grade Pay of the Deputy Office Superintendent and also corresponding family pension and grant all consequential benefits including arrears of pension within a period of 02 months from the date of receipt of a copy of this order. No costs.
(Dated, the 16th August, 2013)
(K. GEORGE JOSEPH) (Dr. K B S RAJAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
The Honorable Kerala High Court at Ernakulum vide their orders 7th Jan 2o14 rejected the appeal of UOI against the CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH in their order dated 16.08.2013 in Original Application No. 715 of 2012 w i t h Original Application No. 1051 of 2012
The SLP Filed by UOI in the Supreme court vide Petition(s) for Special Leave to Appeal (C)……/2014
CC No(s). 21044/2014 (Arising out of impugned final judgment and order dated 07/01/2014 in OPCAT No. 8/2014 passed by the High Court of Kerala at Ernakulam) UNION OF INDIA AND ORS Petitioner(s) VERSUS M O INASU Respondent(s was dismissed on 20/02/2015
Source: BPS
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