A SC VERDICT IN FAVOUR OF PRE1996 RETD.CENTRAL GOVT.MEDICAL OFFICERS

 
The Supreme Court's Judgement of July 2014 in favour of Pre 1996 Retired Medical Officers of Central Government.

The Supreme Court had initially ruled against the claims of the pre1996 Retired Medical Officers of Central Government. When the Supreme Court came to know certain facts in the matter which the Govt. had not disclosed, the  Court ruled against the Govt. and in favour of medical officers. The Supreme Court also dismissed in July 2014 the review petition filed by the Govt.The decision of the Court has since been implemented by the Central Govt. In terms of OM dated  27-10-2014 read with OM dated 14-10-2014. (Extracts given below). All the pre 1996 Central Govt. RMOs  would get benefit of NPA included with their pension retrospectively from  01-01-1996.  " In its judgment dated 27.11.2013 in Civil Appeal No.10640-46/2013 and other connected matters, Hon'ble Supreme Court has observed that in accordance with Ministry of Health and Family Welfare's OM No.45012/11/97-CHS.V dated 7.4.1998, NPA counts as pay for all service benefits including retirement benefits. Hon'ble Supreme Court has further observed that clarification issued vide this Department's aforesaid OM dated 29.10.1999 is legally unsustainable. Hon'ble Supreme Court has directed to recalculate the pension payable to the Applicants (i.e. pre-1996 retired medical officers) by adding the element of NPA. The Review Petitions filed by the Government against the above mentioned judgment have been dismissed by Hon'ble Supreme Court on 31-07-2014. (Letter dt. 14-10-2014)" " it was provided that in the case of pre-1996 retired medical officers NPA @ 25% shall be added to the minimum of the revised scale of pay as on 1.1.1996 corresponding to the pre-1996 pay scales from which the pensioner had retired, in cases where consolidated pension/family pension was to be stepped up to 50% / 30% respectively of the minimum of revised pay-scale. After Vth CPC, the maximum pension admissible w.e.f. 1996 was 50% of the pay applicable in the Central Government. Accordingly, the maximum pension admissible in terms of this Department's OM dated 14.10.2014 would also be 50% of Rs.30,000/-, i.e.Rs.15000/-  w.e.f. 1.1.1996.( Letter dt. 27-10-2014)." Our cases tagged together for FINAL hearing in the Supreme Court did not come for hearing on 12-11-2014 and the next date / actual date of hearing is not yet known... Yet, we must keep the fire burning. The Supreme Court's latest case mentioned above is like an oasis out of a few oases in the vast desert of judiciary in our country. We too would find an oasis; may be we are destined to tread some more distance, spend little more time. Let this note end with two Quotations : Hope is being able to see that there is light despite all the darkness - Desmond Tutu.

We must accept finite disappointment but never lose infinite hope - Martin Luther King Jr.

SN (a 1992 pensioners) ( From Sources )