RBE No.167/2017: Clarification of DOP&PW on pension matters
RBE No.167/2017: Clarification of DOP&PW on pension matters
No.E(G)2015/PN1/5, dated 21.11.2017
Sub: Clarification of DOP and PW on pension matters – Court Cases.
Joint Secretary, Department of Pension & Pensioners Welfare in D.O. letter No.1/8/2015-P&PW(E), dated 31.10.2017 have advised the following to be added as the last para in the reply in all Court cases wherever the reply has been vetted by the Department of Pension & Pensioners Welfare.
“This reply has been filed on behalf of all the respondents including Department of Pension & Pensioners Welfare. The statements/submission on the policy of Government on grant of family pension have been vetted and concurred in by the Department of Pension & PW.”
Also, the Concerned Counsels may be instructed to be take necessary steps to submit the orders of the Ernakulam Bench of the CAT in the OA’s No.180/01041, 01047, 01106/2014, 180/01132, 00013 and 00332/2015 dated 12.07.2016 as well as High Court of Kerala’s Order dated 29.07.2016 in OP (CAT) No.206/2016 in which the Court has upheld the order dated 12.07.2016 of Ernakulam Bench to the Benches of CAT and High Court by filing rejoinders in all similar OAs and petitions being heard by them.
Necessary action may be taken as directed therein under intimation to this office.
Ministry of Personnel, Public Grievances & Pension,
Department of Pension & Pensioner’s Welfare
D.O.No.1/8/2015-P&PW(E), dated 31.10.2017
1. This pertains to the proceedings in Original Application No.291/00069/2015, filed by Smt. Hemlata Sharma in Jaipur Branch of CAT.
2. In the above OA, we have vetted the draft counter reply forwarded by Ministry of Railways as per the policy and practice in the Government and requested the Ministry, vide OM of even number, dated 17.02.2015 (copy enclosed), to watch the interest of this Department while filing a unified copy. It has been indicated in the draft counter reply that it was on behalf of respondents indicated in the OA.
3. However, the Bench vide order, dated 26.09.2017 has imposed or cost of Rs.2000 on this department for non-filing of reply in the aforesaid OA. The Bench had not been adequately, apprised of the policy and practice of the government that this department was not supposed to file a separate reply.
4. Further, vide common order, dated 12th July, 2016 in the OAs No.180/01041, 01047, 01106/2014, 180/01132, 00013 and 00332/2015, the Ernakulam Bench of CAT has upheld the application of the instructions of the Government and has dismissed all these OAs and a Division Bench of the Hon’ble High Court of Kerala at Ernakulam, vide final order, dated 29.07.2016, in OP (CAT) No.206/2016 has upheld the order, dated 12.07.2016, of Ernakulam Bench of CAT, ibid.
5. I shall be grateful if you could get all the concerned Counsels instructed to take necessary steps to submit the above orders of the Ernakulam Benches of the CAT as well as High Court of Kerala to the Benches of the CAT and the High Courts by filing rejoinders in all similar OAs and petitions being heard by them. The Benches may also be informed that the counter replies had been vetted in this department and as such contained in view of this department as well.
6. I shall be obliged if you could issue instructions to all Railways to add the following as the last para and the reply in all cases wherever the reply has been vetted by our department.
“This reply has been filed on behalf of the respondents including Department of Pension and Pensioners Welfare. The statements/submission on the policy of Government on grant of family pension have been vetted and concurred in by the Department of Pension & PW”.
Download Railway Board Circular RBE No.167/2017