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ARCHIVES PART XI

LEGAL FORUM / RECENT COURT & CAT JUDGEMENTS

• SC judgment reiterates - cutoff date cannot deprive the benefit to earlier Pensioners and that Pension is not a Bounty but a right - Rajasthan-vs-Mohinder Nath Sharma
• Full Pension on 20 years Service of Pre 2006 Pensioners - Judgement of CAT New Delhi in Partap Narayan vs UOI OA 1165-2011
• Petition allowed for Full pension to pre 2006 Pensioners for 20 years or more of service
  CAT Delhi has allowed the Petition for grant of Full pension for pre 2006 Pensioners for 20 years or more of service (i.e.less than 33 years of service). Orders were passed by PB CAT on 21-4-2015, in the OA filed by Sh Partap Narayan & others. Detailed judgement is awaited.
• Judgement of Supreme Court Dismissing all SLPs of Govt Reg Modified Parity to Pre-2006 Pensioners
• RSCWS seeks intervention of MOS for Personnel & Pensions (PP) for Re-fixation of pension of all affected Pre-2006 Pensioners from 1-1-2006 as per accepted Recommendations of Sixth Pay Commission & as per CAT judgment in OA 655/2010 – upheld by Supreme Court of India. Govt also urged upon to withdraw 3 SLPs from SC in view of dismissal of SLP, Review Petition and Curative Petition reg. OA 655/2010 of CAT New Delhi - on the same matter jointly dealt with them by CAT. CLICK HERE TO DOWNLOAD THE MEMORANDUM TO MOS (PP)
  | Attachments: Table showing Minimum Revised Basic Pension of Pre-2006 Pensioners wef 1-1-2006
  | Judgement - CAT Delhi in OA-655-2010 Dated Nov 1, 2011
  | Judgment of SC on SLPs Reg Modified Parity SCJ SLP-C-23055 of 2013
  | Judgement of SC on REVIEW PETITION – Dated 12-11-2013
  | Judgment of SC dismissing Curative Petition on Modified Parity
• CAT Judgement Dated 15-05- 2014 on Contempt Petition Directing GOI to Implement CAT judgement dated 1-1-2011 - for Modified Parity to Pre 2006 Pensioners
• Table Showing Minimum Revised Basic Pension of Pre-2006 Pensioners wef 24-09-2012 As Per DOP OM 28-01-2013
• OA RSCWS-vs-UOI-Reg higher FMA to CG & Rly Pensioers OA No.1493-CH-2013 Dated 2-11-2013 | Reply of Respondent Reg FMA in CAT CHD RSCWS-Vs-UOI OA No.1493-CH-2013 | Annexures of Reply to OA No.1493-CH-2013 Reg FMA - Relevant Extracts | Rejoinder by RSCWS Reg Higher FMA to CG & Railway Pensioners in CAT CHD
• Index of Legal Forum

UPDATES FROM AIRF AND WEBSITE OF AIRF

• Agenda Items for Pensioners : AIRF published eight important agenda items on pensionary matters
• Non-issuance of revised PPOs to pre-2006 Pensioners and Family Pensioners by various Divisions and Workshops
• AIRF seeks endorsement of eligibility for FMA in PPO, Extension of date for joining RELHS & Eligibility to join RELHS after 10 years of service - Ref: AIRF PNM Item
• Companion in same class - MPs case is not comparable with Pensioners - Says Railway Board - vide letter to AIRF dated 20.10.2010
• AIRF demands Revision of Pension of Pre-1996 Retirees
• Link to the Website of AIRF

PAY COMMISSION REPORTS & NOTIFICATIONS OF OTHER STATES

• Pb. Govt. orders reg Revision of Pension - of Pre-2006 pensioners dated 22-2-2010
• PB Govt Orders on Implementation Orders on Pay Commission - Reg Revision of Pension- PC-170809 Dated 17-8-2009

RECENT MEMORANDUMS & APPEALS BY RSCWS & OTHERS

• RSCWS seeks intervention of MOS for Personnel & Pensions (PP) for Re-fixation of pension of all affected Pre-2006 Pensioners from 1-1-2006 as per accepted Recommendations of Sixth Pay Commission & as per CAT judgment in OA 655/2010 – upheld by Supreme Court of India. Govt also urged upon to withdraw 3 SLPs from SC in view of dismissal of SLP, Review Petition and Curative Petition reg. OA 655/2010 of CAT New Delhi - on the same matter jointly dealt with them by CAT. CLICK HERE TO DOWNLOAD THE MEMORANDUM TO MOS (PP)
  | Attachments: Table showing Minimum Revised Basic Pension of Pre-2006 Pensioners wef 1-1-2006
  | Judgement - CAT Delhi in OA-655-2010 Dated Nov 1, 2011
  | Judgment of SC on SLPs Reg Modified Parity SCJ SLP-C-23055 of 2013
  | Judgement of SC on REVIEW PETITION – Dated 12-11-2013
  | Judgment of SC dismissing Curative Petition on Modified Parity
• Memorandum from RSCWS CHD to CMD NR Dated 10-6-2014 _ Reg Problems of Pensioners at Chandigarh Reg-Health Unit Chandigarh
• Memorandum to DGRHS Reg: Treatment of Railway Beneficiaries - in Emergency in Empanelled Hospitals - Regarding: Procedure to be followed by the Empanelled Hospitals for dealing with cases – Urgent Need for clarification
• Memo to PM Reg FMA Dated 23-6-2013
• Govt rejects demand for higher FMA to Pensioners - DOP P&PW letter dated 8-7-2013
• Second Memorandum to PM for Revision of FMA to Pensioners - from RSCWS
• Memorandum to PM for Implementation of Delhi High Court & CAT Judgements reg Mod Parity to Pre 2006 Pensioners
• Memorandum to PM & FOM reg Disparity in Fixation of Pension of Pre 2006 Pension
• Memorandum to GS AIRF to ask DOP & Rly Board for reiteration of instructions to Banks for payment of Additional Pension to Pensioners above 80 years and for asking PSAs (Pension Sanctioning Authority) for issue of Revised PPOs.
• Memo to DRM UMB - July 2011 Reg Problems of Pensioners at CHD
• Memorandum Reg Non issue of Revised PPOs to Pensioners & Family Pensioners
• Appeal by RSCWS for increase of FMA to at-least Rs.1200 per month
• Appeal by RSCWS for correct implementation of SCPC – in fixing Pension of Pre-2006 Pensioners
• Appeal to PM by RSCWS reg Removal of Disparity in Pension of Pre & Post 2006 Pensioners - citing Report of Committee on "One Rank One Pension" & demanding extension thereof to all Civilian Pensioners - as done in case of HAG (S 30)
• RSCWS Memorandum to National Anomalies Committee (NAC) seeking 3 times min. rise to all Pensioners (instead of 2.26) at par with PB 4 & above, Parity in Pre & Post 2006 Pensiners, 5 to 15 % Additional Pension for 65 to 75 year old Pensioners
• A letter from Sh P. K. Bansal, MOSF to PM reg injustice with Pre 2006 Pensioners

RTI QUERIES

• Reply by DOP&PW dated 21-6-2013 to RTI query Reg: Action taken by GOI on Delhi High Court Judgement
• Reply to RTI Reg - Report Committee of Cabinet Secy Committee on Pay Servicemen & Pension of Ex Servicemen etc 2012-13 - Report still classified as Secret. Copy of Report to be supplied after change of classification; RSCWS may appeal against the Reply under RTI Act
• RTI RB Reg Chronic Diseases
• Information supplied by Railway Board under Right to Information Act, 2005 regarding FMA and Chronic Diseases
• Target date of 30-9-2009 was stipulated by the Ministry of Railways for issue of revised PPOs to all pensioners/family pensioners - says Railway Board in reply to query under RTI Act by Secy. Genl RSCWS
• RTI queries by RSCWS reg Pay Band, Grade Pay & Pension
• One Rank One Pension not feasible - Committee
• Report of Committee on OROP (One Rank One Pension) Defence Pensioners

Some Important Queries:

• Admissibility of Dearness Allowance on Additional Pension
• NEW PENSION SCHEME - SOME QUESTIONS & ANSWERS

MISCELLANEOUS ISSUES:

• Procedure for Refund of Excess TDS Deducted/Paid
• Sixth Pay Commission Report
• Orders on Implementation of Sixth Pay Commission (Index)
• Main decisions of the Govt. on Sixth CPC Report (RSCWS compilation)
• Government decisions on SCPC dated 29.8. 2008
• Govt. decisions on 6th CPC in respect of Pensioners - Notification dated 29.8.2008
• Central Civil Services (Revised Pay) Rules, 2008 dated 29.8. 2008
• Fixation of Pay & Payment of Arrears- MOF OM dated 30.8.2008
• Revision of Allowances like DA, HRA etc. Post-SCPC - MOF OM dated 29.8.2008
• Revision of Pension of Post 2006 Pensioners & Pension Fixation Tables - DOP OM dated 1.9. 2008
• Revision of Pension of post 2006 Retirees - DOP Orders dated 2.9. 2008
• Dearness Relief to CG Pensioners/Family Pensioners DOP OM dated 12.9. 2008
• Railway Board's Notification on Revised Pay Rules 2008 RBE 103 dated 4.9. 2008
• Railway Board's orders on Pre-2006 Pensioners/Family Pensioners RBE 105 dated 8.9.2008
• Railway Board's Orders on rate of D.A. RBE 106 dated 9.9. 2008 (1.1.06 to 1.7.2008)
• Clarifications reg Pension/Family Pension (on letter dated 15-09-2008) : dated 10.10.2008 RBE-149
• Clarifications reg revision of pension/family Pension of Pre-2006 Pensioners: dtd 8.10.2008 RBE-146
• Grant of Dearness Relief to Pensioners/Family Pensioners: dated 8.10.2008 RBE-145
• Clarification of DOP reg. min. of pay in pay band of Pre 2006 Pensioners etc dated 3.10.2008
• Revision of Pension of Pre-2006 Pensioners/Family Pensioners - DOP OM dated 21.5.2009
• Ministry of Defence - Orders on 6th CPC

Part-I |  Part-II |  Part-III |  Part-IV |  Part-V |  Part-VI |  Part-VII |  Part-VIII |  Part-IX |  Part-X |  Part-XI

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