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1 POSITIO OF COURT CASES O PE SIO ERS ISSUES (FOR CIVIL/ MILITARY PE SIO ERS) (CASES PE DI G I CAT/ AFT / HIGH COURTS & SUPREME COURT) (As per feed-back up to 1st December, 2010) A. Pre 2006 S29 (Haryana State) Cases in Punjab & Haryana High Court, CHANDIGARH 1.. Civil writ petition of 2009 R.K.Aggarwal & Others vs State of Haryana Petitioner's Adv. : Veena Ashwani Talwar Next Date of Hearing: 17 th Dec Civil Writ Petition of 2009 Satish Bhalla & others vs State of Haryana Petitioner's Adv. Veena Ashwani Talwar Next Date of Hearing: Clubbed with 1 above. 3.Civil Writ Petition 3452 of 2010 O.P. Kapur and others vs. State of Haryana Petitioner's Adv.: Manohar Lall Next Date of Hearing: 15 th Jan Category: Govt Service (HY)/Retiral benefit B (i). Cases in PR CAT, Delhi 1.22 O.A. 3079/2009 MA. 2136/2009 CE TRAL GOVT. PE SIO ASSOCIATIO ADDL./JT. SECRETARY SH. L.R. KHATA A REVISIO OF PE SIO A U.O.I.-M/O PPG&P SH. KRISHA KUMAR WITH SH. R.K.SHARMA 2.O.A. 201/2010 M.L. GULATI SH. S.K. RAY U.O.I.-M/O PPG&P SH. KRISHA KUMAR SH. R.K.SHARMA 3.O.A. 306/2010 D.L. VOHRA SH. SUSHIL KUMAR MALIK U.O.I.-M/O PPG&P SH. R.K. SHARMA SH. KRISHA KUMAR
2 4.O.A. 507/2010 P.P.S. GUMBER SH. SUSHIL KUMAR MALIK MA. 346/2010 U.O.I.-M/O PPG&P SH. R.K. SHARMA SH. KRISHA KUMAR 5.23 O.A 937/2010 MA. 907/2010 A.I. S-30 PE SIO ERS ASSOCIATIO SH. TARU GUPTA PAY FIXATIO PPG &P SH. KRISHA KUMAR WITH 6.O.A. 2087/2009 RA VIR SI GH I PERSO U.O.I-M/O PPG&P SH. RAJE DER ISCHAL 7.O.A. 655/2010 PE SIO ERS SH. TARU GUPTA DOP&T SH. KRISHA KUMAR MA 476/2010 CE TRAL GOVT. SAG (S-29) 8.O.A.2101/2010 CE TRAL GOVT. PE SIO ERS ASSO SH. L.R.KHATA A MA 1681/ D.O.P.&T Hearing began on 16th Aug Our Sr Counsel had initiated the case as Lead Adv. for S29 Cases. After initial deposition on the equality-inequality issue, the Judges had opined that as there is no response from Govt side, they may request the ASG to explain the Govt stand on the issue. On 26th Aug 2010, the Govt. side sought more time for ASG to appear (?). So the next date of hearing is fixed on 1 st Dec Pre 2006 S30 Pensioner Case ( Cause of Action same as AIS30PA, Delhi - Prem Sharma Group)at CAT, Patna/Delhi ( i )MMP Sinha Vs UOI (ii) R M Raina Concluded in March 2010 Judgment DELIVERED on 28th and 25th May Details to be collected. (Raina s Case at Delhi CAT appears to be disposed off with a suggestion to Govt to consider the petitioner s plea that no S30 Pensioner shd draw less than highest possible S29 Pensioner ie not less than plus summed and divided by two wh is pl chk Judgment). - B (ii) OA No 568 of 2010 (DeSPA) viz.drdl etc Pre 2006 S29 Pensioners Vs UOI at CAT, HYDERABAD By Kotra Mallikarjuna Rao & Others-
3 After brief presentation by Lawyer, the case filed by DeSPA(DEFENCE SCIENTISTS PENSIONERS ASSOCIATION) & MALLIKHARJUNA RAO IS ADMITTED ON BY CAT,HYDERABAD. The case came up on 23rd Aug However since Govt Lawyer is absent, posted to 30th Aug Counter not yet filed by govt (UPDATE REQUIRED) (iii) Case at CAT,HYDERABAD. O.A. (SR) o.2413/9 of Between: Petitioners: A.J Gurushankar, S/O Late A. Jagadia, Aged about 78 years.occ:sr. Dy.G.M.S.C.Rly./SC Employee,R/O. Plot o.61,gordhanpuri, Yapral,Secunderabad and others. Vs Respondents: Union of India, Rep. by its Secretary, Dept. of Pension & Pensioners Welfare, (Shri Gurushankar sent message from USA to Sri Ramaswami (on ): I am in USA from 22nd April till 20th Oct. I had requested Sundararajan to follow up our case and I have no news from him. Our lawyer was in USA and has returned to Hyderabad. He had promised to follow up and let me know. I have no news from him also o date so far. (iv) S26 Pre-2006 Pensioners OA filed recently for admission. Dr Kotra informs: Another case is filed at CAT Hyderabad by DeSPA HYD on behalf of S-26 GROUP. After admission& getting the OA o I will inform the details C.Case in UP High Court at Bench at LUCK OW (earlier filed in Supreme court) UP Retd IAS/IPS/IFS Officers Association Vs Union of India WP( C ) o: 203 (S/B) of 2010 Waiting for next date in a different bench.
4 D. DELHI HIGH COURT (17th, May, 2010 ) COURT O. 7 HO 'BLE MS. JUSTICE GITA MITTAL HO 'BLE MS. JUSTICE I DERMEET KAUR Court No. 1 W.P.(C) 3359/2010 [PENDING] Order(s) Judgement(s) ALL INDIA EX-PARA MILITARY PERSONNEL ASSOCIATION Vs. UNION OF INDIA ORS. Advocate : PRASHANT BHUSHAN Court No. : 7 WPC 3359 Next Date : 14thDec Admitted on ; otice given to Respondents; Date given 11 th AUGUST Govt. did not submit any "Counter" on but requested for more time, which was given by the Court.. Govt. submits Reply. Rejoinder also filed.(2 nd Oct.) E (i). Rtd Maj Gen. SPS Vains Contempt Case Contempt Petition (Civil) 64/2009 STATUS Cause Title PE DI G MAJ. GE. SPS VAI S & ORS. Vs. SH. VIJAY SI GH & A R. Advocate Details Pet. Adv. MS. S. JA A I Res. Adv. MRS A IL KATIYAR Subject Category MATTERS PERTAI I G TO ARMED FORCES & PARA MILITARY FORCES Listing Details Matter was Listed 9 Times Earlier. ext Date of Listing HSC Order on 6th Aug 2010 hearing:. An affidavit has been filed on behalf of the alleged contemnors indicating that the orders passed by this Court have been duly complied with.matter was listed on 9th September, 2010,
5 for consideration of the said affidavit. (In the meantime, the petitioners will be entitled to file an affidavit in respect of their contentions). However on 9th Sept 2010, Sr Adv of petitioners was indisposed. Case adjourned. ext Date fixed now E (ii) & (iii) AFT Directives on pre Rtd Maj Gen parity case OA 100/2010 and another case by Rtd Soldiers (PBORs) on OROP AFT Chandigarh: verdict delivered on 4th March 2010 (?) in favour of the appellants with 3 months/ 4 months timeframe for Govt to implement. Adjourned to 14th Sept 2010.(?) (UPDATE/CORRECTIO EEDED) FIRST CASE TO BE DECIDED: F.(i) PR AFT, Delhi Case on Modified Parity by Rtd Lt Cdrs/ Majors (More than 135) etc Vs UOI OA o 24/2010 WRITTE AFFIDAVIT GIVE BY PETITIO ERS. On 7th Sept 2010, in the hearing, RESPO DE TS SOUGHT TIME TO PERUSE AFFIDAVIT. Case heard/ Judgment delivered 15/16 Sept 2010 in favour of Petitioners. Posting of Judgment Copy in website of PR AFT, Delhi awaited (ii) AFT, Chandigarh Case on Modified Parity by Rtd Majors (Maj avdeep Singh)-17 Rtd Majors plus 45 Sqdrn Leaders - Adjourned to 1st ov 2010 FOR FI AL DISPOSAL. Judgement awaited
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