Discrimination
Kuldeep
(Querist) 22 May 2014
This query is : Resolved
Can govt discriminate between pensioners by fixing cut off date for giving new formula for calculation of pension on plea of financial implications and policy matter
prabhakar singh
(Expert) 22 May 2014
To me, doubtlessly your query is bald and without problem and can be branded as academic which experts do not reply here.
Sorry then!
Guest
(Expert) 22 May 2014
Discuss your own problem instead of asking academic question.
Kuldeep
(Querist) 22 May 2014
Pay commission recommended 1/1/2006 for imlementing pay comm recommendations relating to pension / pay . Govt notified imlementation of recommendations wef 1/1/2006 except for new formula( full pension after 25 years instead of 33 yrs) Later on govt accepted this formula but wef 1/11/2011. So employees retired between 1/1/2006 to 30/10/11 did not get benefit writ was filed, govt has taken plea of financial implications and as policy matter power
Kuldeep
(Querist) 22 May 2014
I want to know whether law is in favour of govt or we pensioners in this case. Is it of any use to file/ fight court case for pensioners
P. Venu
(Expert) 23 May 2014
The facts stated are incorrect.
Rajendra K Goyal
(Expert) 23 May 2014
Administrative decision. Can be challenged if any law overlooked.
Kuldeep
(Querist) 23 May 2014
For expert P. Venu
Facts stated are 100% correct . These relate to Punjab state
Guest
(Expert) 23 May 2014
When you donot give description of real problem and how that affects you, how you say that you have given any fact and also expect right answer to your question whether law is in favour of govt or we pensioners in this case. Is it of any use to file/ fight court case for pensioners.
You have also not provided detail of the Government order. Do you feel that the experts should start searching of the order first for you, then read and then presume how much loss has been incurred to you by omplementation of order?
T. Kalaiselvan, Advocate
(Expert) 24 May 2014
You may answer the questions and observations raised by expert Mr. P.S. Dhingra first and also should explain why expert Mr. Venu is wrong, if at all you need a proper opinion to your query.
What is the government's decision on it? What is the result/status of the writ in this regard?
Kuldeep
(Querist) 25 May 2014
Employees who retired after 1/11/2011 with same qualifying service , same salary, started getting more pension than pensioners who who retired between 1/1/2006 and 30/10/11 as benefit of pay commmission recommendation was not given to them( full pension after 25 yrs of qualifying service instead of 33 yrs) I am getting 4000 less pension because of this discrimination. Govt order was issued with subject of imlementation of pay comm recommendations with ref to previous Order which implemented other recommendations wef 1/1/2006. I retired on feb 2011 . Govt made order effective from 1/1/11
Kuldeep
(Querist) 25 May 2014
Pl read1/11/11 instead of 1/1/11
P. Venu
(Expert) 25 May 2014
Prima facie, there is a discrimination. However, you may have to approach the State Administrative Tribunal (if there is one) or the High Court.
Please that the Supreme Court has since read down the Rule laid down in the Nakara case.
