Wednesday, March 25, 2015

CASE WON IN SUPREME COURT BY ESM FOR ARREARS TO BE PAID FROM 01 JAN 2006 -

CASE WON IN SUPREME COURT BY ESM FOR ARREARS TO BE PAID FROM 01 JAN 2006 -

Dear All
Further to my mail dated 17 Mar 15, Supreme court order, regarding payment of pension arrears w.e.f. 1 Jan 2006, has come and is given in line and attached also. Pl note that the order still does not say that arrears are to be paid all, however it is silent on this issue. Even though SC had verbally over-ruled Govt solicitor Pinky Anand that Govt may be allowed to pay only to litigants but it is not mentioned in written order. IESM will wait Govt move and is ready to go to SC in case Govt decides to make selective payment.

ORDER OF SUPREME COURT

Tuesday, March 24, 2015

ARREARS WEF 01.01.06 MATTER- JUDGMENT/ ORDER OF THE HSC IN THE SLP- CA CASES IS AS FOLLOWS:

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.(S). 8875-8876 OF 2011

UNION OF INDIA & ORS. Appellant(s)

VERSUS

VINOD KUMAR JAIN & ORS. Respondent(s)

WITH

C.A. No.1998 of 2012,

C.A.No.3564 of 2012,

C.A.No.3907 of 2012,

C.A.No.4581 of 2012,

C.A.No.4952 of 2012,

C.A.No.4980 of 2012,

C.A.No.4599 of 2013,

C.A.No.1 of 2015

AND

SLP(C)Nos.36148-36150 of 2013,

SLP(C)No.16780-16782 of 2014 &

SLP(C)No......... of 2015 (CC Nos.16903-16904)

O R D E R

Heard.

Delay condoned.

C.A.Nos.8875-76 of 2011, C.A. No.1998 of 2012, C.A.No.3564 of

2012, C.A.No.3907 of 2012, C.A.No.4581 of 2012, C.A.No.4952 of

2012, C.A.No.4980 of 2012:

We see no reason to interfere with the orders impugned.

The civil appeals are accordingly dismissed.

C.A.No.4599 of 2013, C.A.No.1 of 2015 :


No substantial question of law of general/public

importance arises for our consideration in these applications

for leave to appeal.


2

The prayer for leave to appeal is accordingly declined

and the applications for leave to appeal dismissed.

SLP(C)Nos.36148-36150 of 2013

SLP(C)No.16780-16782 of 2014 &

SLP(C)Nos...........of 2015 (CC Nos.16903-16904):

We see no reason to interfere with the orders impugned.

The special leave petitions are accordingly dismissed.

Ms. Pinky Anand, learned Additional Solicitor General,

however submits that in view of the nature of the controversy

as also the extent of financial burden arising out of the

implementation of the impugned orders, the petitioners-U.O.I.

may be given reasonable time to do the needful. That prayer

is not opposed by counsel opposite.

We accordingly grant four months' time from today to the

petitioners to comply with the impugned orders failing which

the contempt petitions pending before the Tribunal can be

revived by the concerned petitioners and taken to their

logical conclusion.

All impleading and intervention applications are also

dismissed.

.......................J

(T.S. THAKUR)

.......................J

(R. BANUMATHI)

NEW DELHI

DATED 17th March, 2015.

Regards

Gp Capt VK Gandhi VSM
Gen Sec IESM
Flat no 801, Tower N5
Narmada Apartments
Pocket D6
Vasant Kunj
Nelson Mandela Marg
New Delhi. 110070
Mobile 09810541222
OROP is our right. Dilution in OROP will NOT be accepted.

IF YOU SEE SOMEONE WITHOUT A SMILE GIVE HIM ONE OF YOURS.



On Tuesday, 17 March 2015 3:08 PM, "Vinod Gandhi vk_gandhi@yahoo.com [indianveterans]" <indianveterans@yahoogroups.com> wrote:


Dear Veterans

This refers to arrears paid for increase in pension as per recommendations of 6 CPC to all employees of of central Government w.e.f. 24 Sep 2012.

Government has already paid the arrears to civil employees from 1 Jan 2006. However this was denied to Armed Forces personnel on most stupid ground that the arrears will not be paid to those who had not gone to court.

RDOA had gone to court for arrears to be paid to Armed Forces also. The case was won but the Government decided to file SLP against the SC judgment. The SLP came for hearing on 17 March 15, after many extensions. Honorable SC has declined admission of SLP and asked Government to release payment of arrears w.e.f. 1 Jan 2006 within four months. These arrears are for modified parity in pension paid w.e.f 24 Sep 2012.

Government counsel once again told Honorable SC that the arrears w.e.f 1 Jan 2006 will be paid to only litigants. On this plea Honorable SC had said that this will again increase your and our work load because within few days rest of personnel will soon approach SC for the arrears and Government will have to pay. Therefore it is better that the arrears are paid to all personnel of armed forces.
Government counsel appealed that Government does not have money for such large payment. On this plea again Honorable SC ruled that if Government can loose thousands of crore in coal blocks this payment is chickenfeed infront of that. Hence the arrears will have to be paid within four months.

These were oral discussions in the court, we will have to wait for formal order by the Honorable SC and the reaction of Government on the judgment. IESM will go to court on behalf of all personnel of Armed Forces in case Government refuses to pay arrears to all affected Armed Forces Personnel.

Please wait for written judgment of Honorable Supreme Court.

Regards

Gp Capt VK Gandhi VSM
Gen Sec IESM
Flat no 801, Tower N5
Narmada Apartments
Pocket D6
Vasant Kunj
Nelson Mandela Marg
New Delhi. 110070
Mobile 09810541222

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