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IN THE SUPREME COURT OF INDIA

CURATIVE PETITION (C) NO. 126 OF 2014 IN REVIEW PETITION (C) NO. 2492 OF 2013 IN SPECIAL LEAVE PETITION (C) NO. 23055 OF 2013

UNION OF INDIA AND ANOTHER PETITIONER(s) VERSUS CENTRAL GOVT. SAG (S-29) AND ANOTHER RESPONDENT(s)
                                                               ORDER

Application for oral hearing is rejected. We have gone through the curative petition and the relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra Vs. Ashok Hurra & Anr., reported in 2002

(4) SCC 388. Hence, the Curative Petition is dismissed.

.CJI. (R.M. LODHA) ..J. (H.L. DATTU) ..J. (DR. B.S. CHAUHAN)

.J. (SURINDER SINGH NIJJAR) J. (FAKKIR MOHAMED IBRAHIM KALIFULLA) NEW DELHI; ..... APRIL 30, 2014.

CURATIVE PETITION SECTION XIV SUPREMECOURTOFINDIA

                                RECORD OF PROCEEDINGS

CURATIVE PETITION (CIVIL) NO. 126 OF 2014 IN

REVIEW PETITION (CIVIL) NO. 2492 OF 2013 IN

SPECIAL LEAVE PETITION (C) NO. 23055 OF 2013

UNION OF INDIA AND ANOTHER Petitioner(s) VERSUS

CENTRAL GOVT. SAG (S-29) AND ANOTHER Respondent(s)

(appln. for oral hearing and office report) Date: 30/04/2014
This Petition was circulated today
                                               CORAM :

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE H.L. DATTU

HON'BLE DR. JUSTICE B.S. CHAUHAN

HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR

HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULL                                                                                          By Circulation

UPON perusing papers the Court made the following ORDER

Curative Petition is dismissed in terms of signed order.

(Pardeep Kumar) (Renu Diwan)

AR-cum-PS Court Master

[SIGNED ORDER IS PLACED ON THE FILE] 

SC junks govt plea against pension

arrears to pre-2006 retirees

Bhartesh Singh Thakur, Hindustan Times Chandigarh, May 02, 2014

First Published: 10:19 IST(2/5/2014) | Last Updated: 10:20 IST (2/5/2014)

In relief to lakhs of central government employees and soldiers, the Supreme Court has rejected a curative petition filed by the government against an order of granting benefits to pre-2006 retirees with effect from January 1, 2006. The government wanted to give the arrears of the benefits from September 24, 2012.

The matter had originated after the court had ordered fixing of pension based on minimum pay for each rank in the respective pay band. Earlier, there were anomalies in pension of pre-2006 central government retirees that had come to light after the implementation of the Sixth Pay Commission. The issue was whether pension was to be calculated based on the minimum of each rank within the newly introduced pay bands, or on the minimum of the pay band itself.

The Central Administrative Tribunal (CAT) and Armed Forces Tribunal (AFT) then corrected it and ruled that the pension would be calculated on the basis of minimum of each rank within a particular pay band.

The central government then itself removed the anomaly but granted the benefits from September 24, 2012, rather than January 1, 2006, when the anomaly had started. But the Delhi high court later ruled that the arrears have to flow from 2006. The government moved the Supreme Court against that, but the SC dismissed its special leave petition in July 2013. A review petition, too, was dismissed four months later.

The government did not stop there and filed the curative petition. A five-judge bench, comprising chief justice of India RM Lodha and justices HL Dattu, BS Chauhan, Surinder Singh Nijjar and Fakkir Mohamed Ibrahim Kalifulla, dismissed that on Wednesday.

“A curative petition is not an ordinary remedy, and is usually meant to cure

„gross miscarriage of justice‟. It is unfortunate that for the government, the grant of correct pension to its pensioners is „miscarriage of justice‟,” said Major Navdeep Singh, a Punjab and Haryana high court advocate.