Supreme Court of India delaying disposal of SLPs filed by UOI on Pensioners matters


Supreme Court of India delaying disposal of SLPs filed by UOI on Pensioners matters
The Issue
This appeal is addressed to honourable Chief Justice of India for his intervention for directing the concerned bench of SC to dispose of all pending SLPs in the subject matter which is affecting thousands of senior Central Government Pensioners in the country including me. The genuine grievance of these senior pensioners is that even after having worked in the Government Service for 365 days, they are being refused to get their legitimate annual increment in respect of Pensioners who retired on 30th June (after 01-01-2006), quoting merely on an untenable reason that these Pensioners are not available in the strength of the Departments on 1st July (the very next day of their retirement) to received the increment. In this regard, it is relevant that more than 100 cases in honourable CAT, High Courts (including Principal CAT New Delhi) in the country had already given favourable judgements for granting one notional increment to those who have retired on 30th June for retirement benefits. The right word used which clarifies that "an increment is earned" and therefore the same has to be granted whether an employee is in service or not. What is earned cannot be denied for obvious reasons. In the case of one retiree Shri Ayyamperumal who got the favourable judgement from the Court of Law (Madras High Court) his Department was finally directed to grant him the annual increment (which was due to him after having completed the Service for 365 days) after the Government of India failed to get stay order from the honourable Apex Court. Even in this case, the review petition filed against the rejection of the SLP, the same was also dismissed by the honourable Supreme Court of India quoting legal untenability. When this matter was raised by one of the honourable MPs in the Parliament requesting for grant of notional increment to all similarly placed Pensioners in the country as a matter of equality and justice, the honourable MoS (Pensioners Welfare) had mislead the parliament quoting/citing one the old cases (SAKHARAM TRIPATHI case); while ignoring the latest one which is related to Gopal Singh case which is favourable to the similarly placed Pensioners. It is evident that officials working in DOP&T are having negative attitude in the matter. Now the Department of Personnel & Training under the nodal Ministry of Personnel Public Grievance and Pension which is supposed to look after the welfare of the Pensioners is delaying the process of issuing formal orders based on various Court judgements for allowing one notional increment to those who retired on 30th June, stating that they are waiting for the disposal of all pending SLPs on the subject matter at Supreme Court of India. Unfortunately, SLPs filed by UOI are repeatedly getting adjourned for hearing on various reasons. In view of the above factual situation, one behalf of all the similarly placed Pensioners (who retired on 30th June) in the country, through this Appeal, I most humbly request the honourable Chief Justice of India to kindly intervene and direct to the concerned Bench of SCI for the early hearing of these SLPs for disposal which will facilitate these Pensioners to get their legitimate annual increment for pensionary benefits

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The Issue
This appeal is addressed to honourable Chief Justice of India for his intervention for directing the concerned bench of SC to dispose of all pending SLPs in the subject matter which is affecting thousands of senior Central Government Pensioners in the country including me. The genuine grievance of these senior pensioners is that even after having worked in the Government Service for 365 days, they are being refused to get their legitimate annual increment in respect of Pensioners who retired on 30th June (after 01-01-2006), quoting merely on an untenable reason that these Pensioners are not available in the strength of the Departments on 1st July (the very next day of their retirement) to received the increment. In this regard, it is relevant that more than 100 cases in honourable CAT, High Courts (including Principal CAT New Delhi) in the country had already given favourable judgements for granting one notional increment to those who have retired on 30th June for retirement benefits. The right word used which clarifies that "an increment is earned" and therefore the same has to be granted whether an employee is in service or not. What is earned cannot be denied for obvious reasons. In the case of one retiree Shri Ayyamperumal who got the favourable judgement from the Court of Law (Madras High Court) his Department was finally directed to grant him the annual increment (which was due to him after having completed the Service for 365 days) after the Government of India failed to get stay order from the honourable Apex Court. Even in this case, the review petition filed against the rejection of the SLP, the same was also dismissed by the honourable Supreme Court of India quoting legal untenability. When this matter was raised by one of the honourable MPs in the Parliament requesting for grant of notional increment to all similarly placed Pensioners in the country as a matter of equality and justice, the honourable MoS (Pensioners Welfare) had mislead the parliament quoting/citing one the old cases (SAKHARAM TRIPATHI case); while ignoring the latest one which is related to Gopal Singh case which is favourable to the similarly placed Pensioners. It is evident that officials working in DOP&T are having negative attitude in the matter. Now the Department of Personnel & Training under the nodal Ministry of Personnel Public Grievance and Pension which is supposed to look after the welfare of the Pensioners is delaying the process of issuing formal orders based on various Court judgements for allowing one notional increment to those who retired on 30th June, stating that they are waiting for the disposal of all pending SLPs on the subject matter at Supreme Court of India. Unfortunately, SLPs filed by UOI are repeatedly getting adjourned for hearing on various reasons. In view of the above factual situation, one behalf of all the similarly placed Pensioners (who retired on 30th June) in the country, through this Appeal, I most humbly request the honourable Chief Justice of India to kindly intervene and direct to the concerned Bench of SCI for the early hearing of these SLPs for disposal which will facilitate these Pensioners to get their legitimate annual increment for pensionary benefits

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The Decision Makers
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Petition created on 23 January 2022