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Surender Kumar Jain vs M/O Personnel,Public Grievances And ... on 28 November, 2024

8.4 In OA no. 2726/2019, OA No.2729/2019 (decided on 4.12.2022), OA No. 4138/2017 2 (decided on 23.2.2022) OA No. 655/2021 (decided on 3.8.2021), have quoted the order of this Tribunal in OA no. 2943/2017 decided on 3.8.2018 and upheld by the Delhi High Court in WP( C ) no. 2255 of 2019. The Coordinated Bench of CAT in OA no. 2493/2017 in the matter of J D Gupta Vs The Chief Secretary of NCT of Delhi has extended full parity between the pre and post 2006 retirees without discussing the issue that the pay scale of the principal has been upgraded to new scale rather that just revising the pay scales by applying the conversion formula and putting the pre - revised scale in a new scale appropriate as per the Pay Commission fitment table for the relevant pay band. Even the spirit of Full Bench judgment in OA no 0655/2010 was also lost in those judgments/orders. The Full Bench in the said judgment dated 1.11.2011 upheld the modified parity than allowing full parity. According to OM F.No. 37/08-P& PW(A) dated 28.1.2013, "The pension of pre-2006 pensioners would be stepped up to 50% the sum of the sum of minimum of pay in the Pay Band and Grade Pay corresponding to the pre-revised pay scale from which the pensioner retired, as arrived at with the fitment tables annexed to the Ministry of Finance , Department of Expenditures OM No. 1/1/2008-7IC dated 30th August 2008." The Department of Pension and Pensioners' Welfare vide their Om No. 38/37/08 -P& PW (A) dated 30.6.2015 has further clarified:
Central Administrative Tribunal - Delhi Cites 27 - Cited by 0 - Full Document

Suresh Pal vs M/O Power on 3 July, 2023

The Coordinated Bench of CAT in OA no. 2493/2017 in the matter of J D Gupta Vs The Chief Secretary of NCT of Delhi has extended full parity between the pre and post 2006 retirees without discussing the issue that the pay scale of the principal has been upgraded to new scale rather that just revising the pay scales by applying the conversion formula and putting the pre - revised scale in a new scale appropriate as per the Pay 26 OA No.2784 of 2021 Court No.6 (item No.48) Commission fitment table for the relevant pay band. Even the spirit of Full Bench judgment in OA no 0655/2010 was also lost in those judgments/orders. The Full Bench in the said judgment dated 1.11.2011 upheld the modified parity than allowing full parity. According to OM F.No. 37/08-P& PW(A) dated 28.1.2013, ―The pension of pre-2006 pensioners would be stepped up to 50% the sum of the sum of minimum of pay in the Pay Band and Grade Pay corresponding to the pre-revised pay scale from which the pensioner retired , as arrived at with the fitment tables annexed to the Ministry of Finance , Department of Expenditures OM No. 1/1/2008-7IC dated 30th August 2008.β€– The Department of Pension and Pensioners' Welfare vide their Om No. 38/37/08 -P& PW (A) dated 30.6.2015 has further clarified:
Central Administrative Tribunal - Delhi Cites 18 - Cited by 0 - Full Document

C M Dubey vs Kendriya Vidyalaya Sanghthan on 3 July, 2023

2943/2017 decided on 3.8.2018 and upheld by the Delhi high Court in WP( C) no. 2255 of 2019. The Coordinated Bench of CAT in OA no. 2493/2017 in the matter of J D Gupta Vs The Chief Secretary of NCT of Delhi has extended full parity between the pre and post 2006 retirees without discussing the issue that the pay scale of the principal has been upgraded/revised to new scale rather that just revising the pay scales by applying the conversion formula and putting the pre -revised scale in a new scale appropriate as per the Pay Commission Fitment Table for the respective Pay Band. Even the spirit of Full 22 RA-58 of 2023 in OA No.2047 of 2019 Court No.6 (item No.38) Bench judgments in OA no 0655/2010 was also lost in those judgments/orders. The full bench in the said judgment dated 1.11.2011 upheld the modified parity than allowing full parity. According to OM F.No. 37/08- P& PW(A) dated 28.1.2013, ― The pension of pre-2006 pensioners would be stepped up to 50% the sum of the sum of minimum of pay in the pay band and garde pay corresponding to the pre-revised pay scale from which the pensioner retired , as arrived at with the fitment tables annexed to the Ministry of Finance , department of expenditures OM No. 1/1/2008-IC dated 3oth august 2008.β€– The Department of pension and Pensioners' Welfare vide their Om No. 38/37/08 -P& PW (A) dated 30.6.2015 has further clarified:
Central Administrative Tribunal - Delhi Cites 17 - Cited by 0 - Full Document

Vedwati Aggarwal vs North Delhi Municipal Corporation on 9 November, 2023

The Coordinated Bench of CAT in OA no. 2493/2017 in the matter of J D Gupta Vs The Chief Secretary of NCT of Delhi has extended full parity between the pre and post 2006 retirees without discussing the issue that the pay scale of the principal has been upgraded to new scale rather that just revising the pay scales by applying 19 O.A. No.1967/2019 Item No.26 (Court no.5) the conversion formula and putting the pre -revised scale in a new scale appropriate as per the Pay Commission fitment table for the relevant pay band. Even the spirit of Full Bench judgment in OA no 0655/2010 was also lost in those judgments/orders. The Full Bench in the said judgment dated 1.11.2011 upheld the modified parity than allowing full parity. According to OM F.No. 37/08-P& PW(A) dated 28.1.2013, The pension of pre-2006 pensioners would be stepped up to 50% the sum of the sum of minimum of pay in the Pay Band and Grade Pay corresponding to the pre-revised pay scale from which the pensioner retired , as arrived at with the fitment tables annexed to the Ministry of Finance , Department of Expenditures OM No. 1/1/2008-7IC dated 30th August 2008." The Department of Pension and Pensioners' Welfare vide their Om No. 38/37/08 -P& PW (A) dated 30.6.2015 has further clarified:
Central Administrative Tribunal - Delhi Cites 13 - Cited by 0 - Full Document
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