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Law Ministry never advised DOP & PW to implement qua petitioners - BPS

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Law Ministry never advised DOP & PW to implement qua petitioners

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]

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Minutes of JCM meeting with Secretary (Pension) held on 25.9.2014

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Minutes of JCM meeting with Secretary (Pension) held on 25.9.2014

Bharat Pensioners Samaj (BPS) has uploaded the details of the meeting held on 25.9.2014 on pensionary matters…

JCM (on Pension matters)

The meeting was held under the chairmanship of the Secretary (Pension) at Lok Nayak Bhawan on 25.9.2014. On behalf of the Staff Side, the following comrades attended.

Com. Shiv Copal Mishra, General Secretary. AIRF.
Com. Rahal Dasgupta, President. AIRF.
Com. S.K. Vyas, Advisor, Confederation of CGE and Workers.
Corn KKN. Kutty, President. Confederation of CGE and Workers
Com. Srikumar, General Secretary. All lndia Defence Employees Federation.

Will the 7th Pay Commission Submit an Interim Report to the Government?

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Will the 7th Pay Commission Submit an Interim Report to the Government?

Is there any likelihood that the 7th Pay Commission will submit an interim report to the Central Government?

The Commission was formed and its Terms of Reference were given in February 2014. The Commission is supposed to submit an interim report if the Government asks for it. But, it is highly unlikely that the Government would.

The Commission can voluntarily submit an interim report to the Centre. But it also looks as if they wouldn’t. With only 18 months to submit its recommendations, the Commission has its hand full. That being the case, it is highly unlikely that it would volunteer to submit a report.

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