GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHIDlRECTORA TE OF EDUCATION: UTIGA TlON BRANCH

ROOM No 214, OLD SECRETARIAT, DELID-ll0054.

F.No. No.DE/Lit/Misc/VI/2014-15/ Dated:

To

1. All Dy. Director of Education,Dte. of Education.

2. All Branch Incharge, Dte. of Education.

Sub:- Implementation of Court Orders on pension matters.

Sir/Madam,

Please find enclosed herewith the letter no. 12(03)/2016/1'-I/Pr.AO/1503-1608 dated 07/06/2016 on the subject cited above, forFurther necessary action at your end.

Yours faithfully.

Enel. As above 3,~.(ARYENDU AMBESH)

SUPERINTENDENT (LITIGATION)

F.No. No.DE/Lit/Misc/VI/2014-15/ )S 7'1-7( Dated: 2.y~/copy forwarded to SuperintendentIT with the request to upload

the same on Pop-up of the official web-site of the department.

/(ARYENDU AMBESH)

SUPERINTENDENT (LITIGATION)

To

C!3S·-).,l--·':'ljt/lt

All the Pro Secretaries/Secretaries/Heads of the Departments,Govt. of Nq of Delhi,Deihl/hew Deihl

Sub:

~/~

Implementation of the Court Orders on pension matters.

Sir/t-ladam,

The Govt< of India, Ministry of Personnel, Public Grievances and Pensions,

Department of Pension and Pensioner's Welfare in its OM No. 38/70/14-P&PW{A) dated 07-

10-20151has advised that-in cases where the Courts have passed orders against the Covt.

of India and where B!W policy issue relating to pension matter is involved such orders shall

not be im"9ien1ented by the Adrrunistrative iVlimstries/Departments without first ref~rring "tile

matter to their denarunent for advice .

. -h1e Secretory to Govt. of India, Cabinet Secretariat, Rashtrapati Bhawan, :1E.:'N Delhi. .vide his DO No, 38,rlO/14-P&PW(A) dated 18-12-2015 has informed tnat tmplementauon of

the orders of the Courts/Tribunal on pension matters which are against the Government

without consulting the department of Pension & Pensioner's Welfare, Govt. of India would

result tile grantof benefits which would otherwise have not been admissible under the

exlsti ng rules/policies/ guidelines.

It has also been advised that in all cases where implementation/enforcement of any

policy issues relating to pension/retirement benefits is prima facie challenged in a

Court/Tribunal be it at the stage of filing of application, or on the issuance of the final order

- the matter is irnmediatelv brouqht to the notice of DP & PW and to the Department of

Legal Affairs so that due process of consultation is completed and all available options are

exhausted.

A copy of the orders of the Govt. of India, Department of Pension & Pensioner's

Welfare OM No. ;!8/70/14-P&PW(A) dated 07-10-2015 and copy of DO No. ;!8/70/14-P

&PW (A) dated 18-12-2015 of the Secretary to Govt. of India, Cabinet Secretariat is sent

cor-te. ...2

I~rewith with the reguest to ensure the consultation of the Finance and Law Department of

.Govt. of Ncr of Delhi and thereafter the Govt. of India, Department of Pensio~ &

p~nSioner's Welfare before taki~,.:g~a~d:::e::ci:::si::::o:cn--",o"-n~th~e~qUestionof iml"!_le_rn_~iOl~ or

challenging such orders in the Higher Court.

-2-

No. 12(03)/2016{T -liP,. ,ADI

\

J,d-,~(S.N. Sahai), lAS

Pro Secretary (Finance)

Date:

Copy forwarded for information and necessary action to :

1. The Secretary (Services), Services Department, Govt. of NCT of Delhi, Delhi

Secretariat, I.P. Estate, New Delhi.

2 .. Spl .. Secretary (Finance), Finance Department, Oovt.. of Ncr of Delhi, Delhi

Secretariat, J.P. Estate, New Delhi.

3. All Pa'( & Accounts Officers, Pay & Accounts ornces, Govt. of Ncr of Delhi,

Delhi/New Delhi.

pa~~Chand)Controller of Accounts

j

No 3S170i14-P&P\V(A)Government of India

Ministry of Person ...net, Public Grievances and PensionsDepartment of Pension and PoW

3,d Floor, Lck Nayak Bhawan,Khan Market, New Delhi.

Dated the 71h October, 2015Office Memorandum

Sub.. Court Orders against DoP&PW Government of India Instructions on servicematters - Consultation With Ministry of Law ahd DoP&PW on the question offiling appeals before irnplementatinn of Court's.orders .

.'

The undersigned is directed to say that It has come to the notice of this Department that insome cases where the Courts have pavsed 'oi:ders aga;'nst the Government of India, theadministrative Ministry/Department has not consulted this Department on the question of iihngappeal against sucb orders, before ImplC:i'iieliTation of such orders .

.2. Instructions have been Issued from time to time that whenever there IS any Court orderagainst the Government ofIndia instructions on service .maners, the' administrative ivIinislfj--i"Dcpartmcru/Offlceshah consult the Department of Legal AfL'lfS, Department of Personnel & Trg.and the Dcpertme.nt of Pi~n51011& Pensioners Welfare on the-question cf filing appeai· against suchan order before tbe time limit, if any, prescribed 111 such order or' before the time limit for filingilppea! 1..t!1~('.lthe-rules.

3 Iri, lhereforc , reiterated [hat in all Cf,S~S ·,,'1",.::·,cany policy issue retatir.g to pension met-ereIS involved, the.Department of Pension & PW .should invariably be consulted before taking adecision on the 'question of implementation or otherwise. of any order ~f3 Court. No such ordershal l be implemented by the concerned -Departmeuts/Minisrries without.first referring the matter LO

this Department [01' advice

4 If'. order to avoid any delay in processing 'of such matters, administrativeMinistry/Department can consult this Department for any aj."lvice by personally V1SltWg to thisDepartment from. II 00 A.M. to 1:00 P M. on C':veryWednesday.

\(ll~~

Deput~,r~~~r~taryTel No 246446J4

,,

T,j

All Ministries/Departments of the Government of India,

Copy for information to:- Cabinet Secretariat, Rashtrapati Bbawan, New Delhi

. - .;':'::;i5':Zt:~~~f;T::r:~'i"~::::.'

c, "£ ~ q6£/hSHr''l!i\51lj'q-J:ql~ J3.i'lCJlx=t!eJ ~L.~ ,

.~ . "'l'! cn 1'1 c:f; ~

Sanjay Kumar SrivastavaSecretary to Government of India.

',",gt ,j'{ c )lUi-) ",:';"",,'"~ .~., "",qR; 'l<A, ""i ~,

CABINET SECRETARASHTRAPA TI BRAWl-.

~..m; NK\,Jt' DELHJ - lHHl04

0,0. No. 38170/14-P&PW(A) Dated: 18111 Dec.,2015",

.•Dear Secretary,

Under the Government of India(AUocation of Business)Rules,196JDepartment of Pension & Pensioners' Welfare is mandated to formulate policies andcoordinate matters relating to grant of retirement benefits to Central Govemmsemployees. The-Department is also administering the Rules dealing with pensionGovernment employees. .

2. .As per instructions of Department of Expenditure ( Ref: OM No: 7(32) E.l!UPJ'dated 24 5..·1993). in service matters/cases filed by Government 'servants/ Assoruatror .where UniDn of India. is one of the respondents, all such .cases nave to be ceteoo-by the Administrative fVhnistry/DepartmentiOrganisation tn which the applicantserving or served last. It has, however, come to the notice of OP&PW that some

.,..- the. Cases involving qrant of retirement benefits filed, in Courts/Tribunals by retire." .."\;.:::.,,,-, employees {.H8 not effectively defended by the Administrative Department concernec'-..\~l',,~~....•;;.,.c· . . ... . • , . ,..... . .• . • .

•._..- rpsultrng in tsr.uance Q~.orders ny the Court- Fribunal to the effect that the aoo'Icantyi artied .beneftts wrucn would otherwise have not been admissible under the existir

;,.·r.{j.!estp6r~cies/g.!:>ideli"nes,but tor-the Court/T rtbunat order=Further, the' Aaom~!'Hstf.ai;l\Ministry/Department also implements such orders without seeking advice of DP&P\on their Implementation. Grant of higher benefits in such cases creates ail anomalorsituation leading to demand/claim for similar benefits by other similarly placepensioners.

3. 1 would therefore, request you to ensure .that in aU cases whet!.mplementation/en·Forcement of any policy issues relating to pension/retiremetbenefits is pnma facie challenged in a Court/Tribunal- be it at the stage or filing 'c

. application, or on the issuance of the final order- tpe matter is immediately brought f/" the notice of DP&PW and to the Department of Legal Affairs so that due process (

consultation is completed and all ava!.l.able options are exhausted" '

)With regards

.:;..,.j )