One Notional Increment to those retired on 30 June after completion of 365 days

On 16 January 2020, Bharat Pensioners Samaj wrote a letter to the Ministry of Finance and Law on the question of granting a notional rise to retired persons on 30 June, after 365 days.

BHARAT PENSIONERS’ SAMAJ
(All India Federation of Pensioners’ Association)

No.SG/BPS/01/20/16

Dated: 16/01/2020

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To
The Union Minister of Finance
The Union Minister of Law & Justice
The MOS (PP) PMO
Secy, DOPT
JS, DOP & PW

Subject: One notional increment to those retired on 30th June after completion of 365 days

Madam / Sir,

Constitution of India is sacrosanct, Government Policies & Rules have to be in Synchronization with the constitution. In case of variations Policies & Rules need to be amended to suit the provisions of the constitution of India.

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“Article 14 of the Constitution ensures equality among equals: its aim is to protect persons similarly placed against discriminatory treatment. (State of U.P. [(1969) 1 SCC 817])) Pensioners form a homogenous group (D.S. Nakara & Others vs Union of India on 17 December 1982) Equivalent citations: 1983 AIR 130, 1983 SCR (2) 165 wherein it was HELD: Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle underlying the guarantee is that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation and there should be no discrimination between one person and another.

Madam / Sir, Answers to Lok Sabha unstarred Q No 427 & 2027 (copies attached) seek to introduce discrimination among Similarly placed.

The judgments under reference may be in Persona, REM or Supra. The fact remains that the honorable courts decided an issue relating to pensionary benefit and that UOI was one of the party to the case as such to ensure equality under Article 14 of the constitution it needs to be applied to all similarly placed and not only to the appellant.

Honorable PM (in his speech in Golden Jubilee celebration of Delhi High court) as well as Honourable Supreme Court through pronouncements in several of its judgments has said that the issue once decided should apply to all similarly placed. MOD through its circulars CGDA, Ulan Batar ‘Road, Palam-Delhi Cantt No. AN/III/ 3012/Circular/Vol. VII Dated 30.10.18 and GOI Ministry of Defense D(CMU), Sena Bhawan, New Delhi, Dated 07.09.2018 has provided application of Court judgments to all similarly placed.

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Govt. of Tamil Nadu. too has applied court judgment on the same issue for all similarly placed pensioners vide FINANCE (PAY CELL) DEPARTMENT G.O.Ms.No.140, Dated: 25th April, 2018. Irony is that PM & Apex court desires application to all similarly placed the Service/ Pension issues once legally decided. MOD too provides an application of Court judgments to all similarly placed (which includes Defence civilians also). But DOPT and DOPPW do not agree to it.

Bharat Pensioners Samaj once again request you not to push pensioners who are in the evening of their lives to courts to seek redress on issues already decided. Please have MERCY on them.

Thanking You

Yours truly,
sd/-
S C Maheshwari
Secy General Bharat Pensioners Samaj

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1 thought on “One Notional Increment to those retired on 30 June after completion of 365 days”

  1. 1.Apex Court decision in CA arising out of Dy .No.8754/2018 dt 24-4-2018–UOI vs Prithwi Singh &Ors ,in which SCI has come down heavily on the attitude of UOI. 2.Order dt 4-7-2018&27-7-2018 of Ministry of Law & Justice,DoLA ,in which it has been set out for constitution of Committee to identify /review all pending Civil Appeals as well as fresh civil appeals/ SLPs in which the issues involved may already have been settled by Courts & to make recommendations on cases to be withdrawn /pursued with due approval& advice to concerned Ministry for further action
    3.Letter dt 24-7-2019 ofDoLA addressed to various Ministrys . 4.Letter dt 8-8-2019 of Ministry of Railways addressed to various officers in RB for making arrangements &attending the meeting. . Now ,the favourable decision of HC,Madras to petitioner_Iyyamperumal , after dismissal of SLP &RP filed by UOI ,has attained finality . After this,there are good no.of similar decisions based on Iyyamperumal case . To quote a few — Sampangi Ramaiah case -WP No.23095/2017 dt 3-12-2018,M.C.Janardhanan -WP No.28076/2018 dt 23-9-2019 all by HC,Madras , Arun Chibber-WP No.5539/2019 dt13-1-2020 , Gopal Singh-WP No.10509/2019 dt23-1-2020 ,all by HC, Delhi,Rajendra Prasad Tiwari_WP No.18030/2019 dt 3-12-2019 HC,of MP at Jabalpur , Bagirath Mal _WP No.14650/2019 dt 29-8-2019 HC,Rajasthan & many CAT decisions. If UOI has ever thought of implementing the spirit of DoLA letters, the decision of AYYAMPERUMAL Case would have been implemented to all June retirees .But , the UOI has not bothered to follow its own policy decision . So,if this view is found to be of some use, the UOI may be addressed with copies of Court decision&DoLA letters as in sl.nos 1to4 above. R.DHANDAPANI

    please click this link:

    1. Civil-Appeals-SLP-080819

    https://mega.nz/file/mVUwxSLS#uvOWadYJ2NLvPquwCmocMmtuIm5IWLp3sumgtHDwBcY

    https://mega.nz/file/LctgDQDQ#wmAiuiYIj6Ulpd9N5xnYbtBz0lGc__JzGURJ8llNqwk

    Reply

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