Bharat Pensioners Samaj has pointed out Government’s mis-interpretation of Hon’ble Princpal CAT’s Order for revising Pre-2006 Pension with effect from 01-01-2006, to the effect that the order would be applicable only to the petitioners who have filed the case before CAT and not to all Pre-2006 Pensioners. However, the contention of Bharat Pensioners Samaj in this regard is that Hon’ble CAT’s Order was confirmed by Hon’ble High Court and reached finality after Hon’ble Supreme Court dismissed Government’s SLP, Review Petition and as well as Curative Petition. Hence the same is not an order In personam
Shri Sanjay Kothari
M/O Personnel PG AR & Pensions
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 like 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 mis-interpretation 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 01.11.2011 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.f. 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 Court 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 15.05.2014, the Hon’ble CAT-PB disposed of Contempt Petition No 158/2012 directing the UoI to implement the directions of the Tribunal Honble Delhi High Court upholding 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 pre-2006 pensioners was stepped up from an arbitrary date of 24-9-2012 as per the Resolution dated 29-8-2008. Further in Para 2 & 3 of the Judgement it is noted that the Government of 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 of the Tribunal expeditiously, preferably within three months.” (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 pensionersare 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.
5. 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.
S.C. MaheshwariSecretary Gent Bharat Pensioners Samaj