Affidavit & Implementation Order: Maj Gen SPS
Vains case
Online RTI Request Form Details
RTI Request Details:-
RTI Request Registration number DEXSW/R/2015/60374
Public Authority Department of Ex-Servicemen Welfare
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Indian
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of Information Sought
On 28 Sep 2015, In the
Honourable Supreme Court, before the Bench of Justices T. S. Thakur and V.
Gopala Gowda, in CA No. 2296 of 2011 in Contempt Petition 64 of 2009 in UoI
& Another Vs Maj Gen S P S Vains the Learned Additional Attorney General Ms
Pinky Anand filed an affidavit that MoD has issued implementation order dated
10 Aug 2015.
Please provide me a copy
of the affidavit and of the ibid Government Order.
I may be intimated online
of the additional amount to be paid so that I may be able to obtain information
expeditiously.
Concerned CPIO Nodal Officer
Supporting document
(only pdf upto 1 MB) Supporting document not provided
Online RTI Appeal Form Details
RTI Appeal Details:-
RTI Appeal Registration number DEXSW/A/2015/60077
Public Authority Department of Ex-Servicemen Welfare
Personal Details of Appellant:-
Request Registration
Number DEXSW/R/2015/60374
Request Registration
Date 29/09/2015
Name
Deleted by author
Appeal Details:-
Ground For Appeal No Response Within the Time Limit
CPIO of Public Authority approached Details not provided
CPIO's Order/Decision Number Details not provided
CPIO's Order/Decision Date
(Description of
Information sought (upto 500 characters)
Prayer or Relief Sought
Sir,
The request was filed on
29.9.2015.
No reply/refusal or
transfer has been communicated within 30 days as required under RTI Act, 2005.
Supporting document:
DEXSW/R/2015/60374
Online RTI Status Form
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Print RTI Application
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Registration
Number DEXSW/A/2015/60077
Name S. Y. Savur
Date of Filing 10/11/2015
Request filed with Department of Ex-Servicemen Welfare
Status APPEAL DISPOSED OF as on 15/12/2015
Reply:- CPIO is directed to provide the information sought by the applicant keeping in view the limits
prescribed.
Nodal Officer
Details
Telephone Number 01123012593
Email Id us-ic@desw.gov.in
ACTION HISTORY OF RTI APPEAL No. DEXSW/A/2015/60077
Applicant Name:
Text
of Appeal: Sir, The request was filed
on 29.9.2015. No reply/refusal or transfer has been communicated within 30 days
as required under RTI Act, 2005.
Reply
of Appeal: CPIO is directed to provide the
information sought by the applicant keeping in view the limits prescribed.
S No. Action Taken Date
of Action Action taken by Remarks
1. First
Appeal received 10/11/2015
2. Appeal forwarded to 23/11/2015 Nodal
officer Online
3. Appeal disposed off 15/12/2015 FAA
– T. R. Singal
Sd/----------
(T R Singal)
15/12/15
US (PL-II)
RTI MATTER
MOST IMMEDIATE
F No. 5(23)2015/D (Pension/Legal)
Ministry of Defence
Deptt. of Ex-Servicemen Welfare
D (Pension/Legal)
Room No. 224, ‘B’ Wing
Sena Bhawan, New delhi dated 16.12.15
To
----------
Subject: Seeking information
under the RTI Act, 2005
Reference your RTI appeal dated 10.11.2015 and FAA’s order
dated 15.12.2015 on the above subject.
2. In continuation of FAA’s order a copy of affidavit filed in
Contempt Petition No. 64/2009 & CA No. 2296/2011 and Government order dated
10.08.2015 is enclosed.
Encl: - as above Sd/--------------
(R. K. Arora)
Under Secretary to the Govt of India & CPIO
Tel: - 2301 5021
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
CIVIL APPEAL 2966 OF 2011 AND CONTEMPT PETITION (C) No
64 OF 2009
IN THE MATTER OF
UNION OF INDIA AND OTHERS …..Appellants
Versus
MAJ GEN SPS VAINS & ORS …..Respondents
AFFIDAVIT OF COMPLIANCE ON BEHALF OF THE APPELLANTS
I,
R. K. Arora, Son of Late Sh. Som Nath, aged about 53Yrs.,
presently servings as Under Secretary, do hereby solemnly state and affirm as
under: -
1. That I am working as Under Secretary in
the Ministry of Defence and in my official capacity am fully conversant with
the facts and proceedings of the present case based on knowledge derived from
official records and I am authorised and competent to swear and depose this
affidavit of compliance.
2. That the present affidavit is filed by the
appellants in order to place on record factual aspects recording compliance of
the order dated 04.03.2010 passed by the Hon’ble Armed Forces Tribunal,
Regional Bench, Chandigarh, passed in O. A. No. 100 of 2010, which was
challenged by the Union of India in the instant appeal.
3. That the facts and circumstances in which
the instant appeal was filed has set been out in the Civil Appeal. Shorn of
unnecessary details, the facts in brief are that the respondents are pre-1996
retirees in the rank of Major General from the Indian Army and their
equivalents in the Indian Air Force and Indian Navy. The respondents filed a
writ petition being CWP No. 17233 of 2001 before the Hon’ble Punjab and Haryana
High Court at Chandigarh praying for higher pensionary benefits to Major
Generals and their equivalents in the other two services than that of a
Brigadier.
4. That the Hon’ble High Court vide judgments
and order dated 26.05.2005 allowed the said writ petition No.17233 of 2001. The
relied that was granted to the writ petitioners was that the Union of India was
directed to fix the minimum pay scale of Major Generals and their equivalents
in the other two services above that of Brigadiers and grant the benefits as in
the case of post 1.1.1996 retirees and consequently fix their pension and
family pension accordingly.
5. That the Union of India filed a Special
Leave Petition No. 12357 of 2006 which was later converted to Civil Appeal No.
5566 of 2008 before this Hon’ble Court against the judgment and order dated
26.05.2005 passed by the Hon’ble High Court of Punjab and Haryana in CWP
No.17233 of 2001. Ultimately, this Hon’ble Court vide Judgment and Order dated
09.09.2008 dismissed the Civil Appeal No. 5566 of 2008 directing inter alia
that the pay of pensioners in the rank of Major Generals and their equivalents
in the other two services be notionally fixed at a rate given to similar
officers of the rank i.e. Major Generals and their equivalents in the other two
services after revision of pay scales with effect from 1,1,1996. This Hon’ble
Court further directed that the pension of respondents be accordingly computed
on such basis with prospective effect from the date of filing of writ petition
and to pay them the difference within three months from the said date with
interest @ 10% per annum. The judgment of this Hon’ble Court is reported in
2008.
6. That the Union of India filed Review
Petition which was also dismissed. The Union of India thereafter implemented
the judgment as directed by this Hon’ble Court vide Govt of India, Ministry of
Defence order dated 15.07.2009, and corrigendum dated 30.09.2009 and
18.10.2009.
7. That in February, the respondents
alleging non-compliance filed Contempt Petition (C) No. 64 of 2009 before this
Hon’ble Court. It is respectfully submitted that a counter affidavit dated
04.05.2009 was filed in the Contempt Petition by the then Under Secretary in
the Ministry of Defence. Subsequently, detailed affidavits dated 29.07.2009,
and 11.11.2009 were filed by Shri Vijay Singh and Shri Pradeep Kumar
respectively, the then Secretaries in the Ministry of Defence explaining the
factual position of compliance and refuting the allegation(s) that there was any
contempt much less and wilful disobedience as alleged. The said Contempt
Petition is pending adjudication before this Hon’ble Court.
8. That in the meantime, the Central
Government issued order implementing the recommendations of the 6th
CPC as approved by the competent authority. The respondents filed O. A. No. 100
of 2010 before the Hon’ble Armed Forces Tribunal, Regional Bench, Chandigarh,
alleging that similar anomaly has occurred in their pension fixation as it
happened earlier. The Hon’ble Tribunal by order dated 04.03.2010 allowed the O.
A. and directed the Union of India to fix the pension of respondents keeping in
view letter and spirit of judgment and order dated 09.09.2008 rendered by this
Hon’ble Court in Civil Appeal No. 5566 of 2008.
9. That it is most humbly submitted that the
Union of India has filed the instant Civil Appeal No. 2966 of 2011, which is
pending adjudication. That when the matter came up for consideration this
Hon’ble Court noting the submissions made on behalf of the Union of India
directed vide order dated 16.02.2015 compliance of the order passed by the
Hon’ble Armed Forces Tribunal dated 4.3.2010 within a period of three months.
10. That it is most respectfully submitted that
due to procedural process and the fact that numbers of agencies were involved
in issuing government orders for implementation the compliance could not be
done within three months. But the delay is neither intentional nor deliberate
and the delay is deeply regretted. The order passed by the Hon’ble Tribunal has
been complied with by issue of Govt order dated 10.8.2015, a copy of which is
annexed herewith and marked Annexure P/1 to this affidavit.
11. That it is most humbly and respectfully
submitted that the matter stands complied with and the appeal preferred by the
Union of India in fact has become infructuous. It is submitted that Contempt
Petition No. 64 of 2009 as well as Civil Appeal No. 2966 of 2011 both deserve
to be disposed of having become infructuous.
Sd/---------------
Deponent
Ravindra Kumar Arora
Under Secretary
Ministry of Defence, New Delhi
VERIFICATION
I, the above named Deponent
do hereby verify that the contents of my foregoing affidavit are true and
correct. No part of it is false and nothing material has been concealed
therefrom.
Verified at……………..on
this…………..day of September….2015
Sd/---------------
Deponent
Ravindra Kumar Arora
Under Secretary
Ministry of Defence, New Delhi
COL R BALASUBRAMANIAN (RETD)
ADVOCATE
ADVOCATE
No. 4 (140)2010/D(Pen/Legal) Vol II
Ministry of Defence
Department of Ex-Servicemen Welfare
D (Pension/Legal)
Dated 10.08.2015
The
Principal Controller of Defence Accounts (Pension)
The
Principal Controller of Defence Accounts (Navy)
The
Principal Controller of Defence Accounts (Air Force)
Sub:
Implementation of Hon’ble AFT Chandigarh order dated 04.03.2010 passed in O. A.
No. 100/2001 filed by S P S Vains & Others
I am directed to refer to above cited
Hon’ble Tribunal order dated 04.30.2010 (copy enclosed). The approval of
Competent Authority is hereby conveyed for implementation of the above
mentioned order of the AFT Chandigarh directing respondent to implement the
decision of Constitution Bench as well as decision of the Supreme Court
rendered in SLP (Civil) 12357 of 2008 (Union of India and another versus SPS
Vains (retd) and others) in the matter of fixation of pension of the pre-2006
retirees pensioners as per the list enclosed with this letter. The benefit of
revision of pension of the petitioners is to be paid w.e.f 1.1.2006 after
notional fixation of pay in the revised pay scales in terms of SAI 2/S/2008 and
corresponding instructions for equivalent ranks in Navy and Air Force of 6th
CPC order as applicable.
2. The PSAs viz Pr CDA (P), Allahabad, Pr CDA
(Navy), Mumbai and Jt CDA (AF), Subroto Park, Delhi Cantt shall issue
corrigendum PPO in respect of petitioners on receipt of notional pay details of
the petitioners as the case may be from concerned Pay Accounts Office Viz Pr
CDA(O) Pune, NPAO, Mumbai and AFCAO, Delhi. The fixation of pay of the petitioners
will be done suo-moto by the concerned PAOs as the case may be and forwarded to
PSAs for issue of Corrigendum PPOs for revision of their pension in this regard
in compliance of Tribunal order.
3. All the PSAs concerned in the subject
case is also requested to work out the total amount involved and intimate the
same to this HQ so that ex-post facto sanction for ‘Charged Expenditure’ may be
accorded.
4. This sanction will however be subject to
the final outcome of appeal filed before the Hon’ble Supreme Court of India. In
the event the appeal is decided in favour of UoI, the petitioners shall be
liable to refund the entire amount paid under the ibid sanction.
5. This issues with concurrence of Ministry
of Defence (Finance/Pension) vide their U. O. No. 17 (04)/2015/FIN/PEN dated
07.08.2015.
Sd/-------------------------
(R K Verma) 10/08/2015
Under Secretary to the Govt of India
Copy to:
1. CGDA, New Delhi
2. DFA (Pens)
3. AFA (Pens)
4. MoD (Pen/Legal)
5. DADS (Pens), New Delhi
6. Concerned Legal Cell
7. Pr CDA (O), Pune
8. Pr CDA (Navy), Mumbai
9. Jt CDA (AF), Subroto Park, Delhi Cantt
10. Petitioner Concerned
11. Legal Cell, AFT, HQ Western Command, PIN- 908549 c/0 56 APO
12. AF/MP – 5 (B), West Block –III, R. K. Puram, New Delhi
* * * * * *
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