GRANT OF DEARNESS TO RE EMPLOYED
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ________
OA No.:______ of ______
____________________ Applicant
Versus
_____________________ Respondent
Application Under Section 19 of the Administrative Tribunals Act, 1985
Respectfully:
- Particulars of the Applicant:
As given in the Memo of Parties.
- Particulars of the Respondents:
As given in the Memo of Parties.
- Impugned Order:
That the applicant is aggrieved by the impugned order issued by the respondents _______
The said impugned order is arbitrary, illegal, malafide, violative of the Constitutional Rights and natural justice and issued in colourable exercise of power.
- Jurisdiction
That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal.
- Limitation:
That the applicant further declares that the application is within the limitation.
- Facts of the Case:
6.1 That the applicant submits ________
GROUNDS
6.2 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others:-
(a) That the impugned order issued by the respondent is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice.
(b) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estopple applies against the respondents.
(c) That the impugned order is against the well-settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.
- Reliefs Sought:
That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:-
(a) Quash the impugned order A-______ issued arbitrarily, malafide and illegally by the respondents;
(b) Direct the respondents _____ ;
(c) Direct the respondents to produce all the relevant documents along with their reply for perusal by this Hon'ble Tribunal;
(d) Allow the cost of this OA;
(e) Pass such other order or directions as deemed fit and proper in favour of the applicant.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.
- Interim Orders, If Prayed:
That it is most respectfully prayed that during the pendency of this OA, the operation of the impugned order dated _____, A-_____ may kindly be stayed in the interest of justice.
- Details of Remedies Exhausted:
That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal.
- Matter not Pending with any Other Courts Etc:
That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble Tribunal.
- Particulars of Court Fees:
Court fees worth Rs ____ /- is attached herewith.
- Details of Index:
An index containing the details of the documents to be relied upon is enclosed herewith.
(Name of Place) Applicant
______ Through, Advocate
Verification:
I, ______, do hereby verify that the contents of the above Interrogatories from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Plaintiff / Defendant
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT ___________
OA No.:_____ of ______
____________________ Applicant
Versus
_____________________ Respondent
Affidavit in support of OA under Section 19 of the Administrative Tribunals Act 1985
I,_____, do hereby solemnly, affirm and declare as under:
- That the accompanying OA has been prepared under my instructions.
- That the contents of paragraphs 1 to 12 of the accompanying application are correct and true to the best of my knowledge.
- That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the _____.
Deponent
BEFORE THE HON'BLE STATE ADMINISTRATIVE TRIBUNAL AT _________
OA No.:_____ of ______
____________________ Applicant
Versus
_____________________ Respondent
Index
|
SI No |
Annx |
Particulars of Documents |
Pages |
|
1 |
|
Court Fees |
[I] |
|
2 |
|
Memo of Parties |
1 |
|
3 |
|
OA |
2 |
|
4 |
|
Affidavit |
|
|
5 |
A-1 |
|
|
|
6 |
A-2 |
|
|
|
7 |
A-3 |
|
|
|
8 |
A-4 |
|
|
|
9 |
|
Power of Attorney |
|
(Name of Place) Applicant
______ Through, Advocate
Annexure A-1
No. ______
Government of ____________
Finance Department (Pension Cell)
Dated __________________
OFFICE MEMORANDUM
Subject: Grant of Dearness Relief on Pension to re-employed Pensioners/Family Pensioners.
The undersigned is directed to say that as per extant orders on the subject, Dearness Relief to pensioners and family pensioners remains suspended during the period they remain re-employed/employed under the Central or State Government, or in a Public Sector Undertaking/Board/Autonomous Body/Bank in India or abroad. Similar is the position in regard to pensioners/family pensioners permanently absorbed in a Public Sector Undertaking/Autonomous Body/Bank under the Central or State Government.
The question of allowing dearness relief to re-employed pensioners was engaging the attention of the Government for quite some time past. After careful consideration the Governor, __________, is pleased to order that:
- Such re-employed pensioners will be entitled to Dearness Relief on their pension in whose case the entire pension admissible is ignored for fixation of pay on re-employment and their pay is fixed at the minimum of the pay scale of the civil post to which they are re-employed.
- The dearness relief on pension will, however, not be admissible to those Ex-servicemen in whose case the pay is fixed above the minimum of the pay scale of the civil post on their re-employment or in whose case the entire amount of pension is not ignored for fixation of pay on re-employment to the civil post.
- This concession will also not be admissible to employed/re-employed family pensioners who have been given appointment on compassionate grounds. Payment of dearness relief in these cases shall become admissible only from the date they cease to be re-employed. The Pension Disbursing Authority shall require such a pensioner to produce a certificate of cessation of re-employment from the office in which he had been re-employed.
- In case of pensioners who are re-employed under the State Government or under the PSU/Board/Autonomous Body of the State Government or Bank, and are covered for the grant of dearness relief on pension in accordance with the decision of the Government referred to in the preceding paragraph, a certificate indicating the following shall have to be issued to them:
- The re-employed pensioner retired from a civil or military post and was holding a post not included in classified as group A or a post below the rank of Commissioned Officer in the Armed Forces.
- The entire amount of pension sanctioned by the Government was ignored for fixation of the pay on re-employment, ie; no part of the pension was taken into account in such fixation of pay in the pay scale of the post in which the pensioner was re-employed/absorbed.
- The pay of the re-employed pensioner or absorbee is/was fixed at the minimum of the pay scale of the post in which he had/has been initially re-employed after his retirement.
- All the Departments/Organizations are requested to bring these orders to the notice of all concerned pensioners who happened to be re-employed by them and are presently covered for the grant of dearness relief on pension. The requisite certificate as referred to above will be issued after verification of the details from the relevant record of the re-employed pensioner.
- The Pension Disbursing Authority shall release Dearness Relief on pension to those re-employed pensioners who submit the certificate referred to above.
- While implementing the decisions aforesaid orders issued by the Finance (Regulations) Department, vide Office memorandum Nos. _____ dated _____ regarding fixation of pay of re-employed pensioners shall be duly kept in view.
This order shall come into force with immediate effect.
(__________)
Additional Secretary (Finance) to the
Government of __________
To,
All Administrative Departments,
Government of __________
