IEBM NEWS LETTER – OCTOBER 2021

Latest position of WPs filed by IEBM in Hon’ble Delhi High Court.

1. Revision of pension w.e.f. 01.01.2006 of retirees of the ranks of Constables, SIs and Inspectors who retired before 10.10.1997.

WP (Civil) No. 3761/2019- Indian Ex-Bordermen & ORs Vs Union of India & ORs was filed in Delhi High Court on 21.04.2019. The WP was admitted but due to Covid-19, the court suo moto issued the general orders for all the cases giving dates without specifying the cases (no specific court order is available on website). Out of total the than 3200 members of IEBM, list of beneficiaries – Inspector-38, SIs-47 and Constables-363 was attached with WP as Annexure. This case has reached upto the stage of final hearing for arguments and next date of hearing is 20.12.2021.

2. Revision of pension w.e.f. 01.01.2006 of retirees of the ranks of Head Constables and ASIs who retired before 01.01.2006.

WP (Civil) No. 4942/2019- Indian Ex-Bordermen & ORs Vs Union of India & ORs was filed in Delhi High Court on 24.07.2019. The WP was admitted but due to Covid-19, the court suo moto issued the general orders for all the cases giving dates without specifying the cases (no specific court order is available on website). Out of total the than 3200 members of IEBM, list of beneficiaries – ASIs-27, HCs-718 was attached with WP as Annexure. This case has reached upto the stage of final hearing for arguments and next date of hearing is 08.12.2021.

3. Benefit of one notional increment for retired benefits who have retired on 30 June 2006, 2007, 2008, 2009 and so on.

WP (Civil) No. 4561/2019- Indian Ex-Bordermen & ORs Vs Union of India & ORs was filed in Delhi High Court on 30.04.2019. The WP was admitted but due to Covid-19, the court suo moto issued the general orders for all the cases giving dates without specifying the cases (no specific court order is available on website). Out of total the than 3200 members of IEBM, list of beneficiaries – of all ranks of 110 members was attached with WP as Annexure. This case has reached upto the stage of final hearing for arguments and next date of hearing is 17.12.2021.

4. BSF Service Pay Case

Writ Petition (Civil) No. 13489/2019 –Rajendra Prasad Singh & Ors Vs Union of India & Ors was filed in Delhi High Court in December,2019 for grant of BSF Service Pay analogous to Army,Navy and Air Force as per recommendations of VIth CPC w.e.f. 01.09.2008 and on enhanced rate w.e.f. 01.01.2016 as per VIIth CPC, IEBM got filed this Writ Petition by Serving Officers/Personnel of BSF so that VIth and VIIth Central Pay Commission’s recommendations can be covered up for grant of BSF Service Pay. This was done to strengthen the case of retired BSF Personnel. IEBM will file its own Writ Petition for grant of BSF Service Pay following this Writ Petition which is pending. The Writ Petition came up for hearing on 20.12.2019.The Court did not hear the case due to paucity of time and adjourned the case for 24.02.2020 due to intricate, legal and Constitutional issues raised in the Writ Petition for grant of BSF Service Pay which, interalia, included parity of BSF with Army as Defence Force and role of BSF as an Armed Force and Defence Force. The Writ Petition again came up for hearing on 24.02.2020 where the Hon’ble High Court directed the Respondent to file reply to the representations of the petitioners before the Court and provide a copy of reply to them, and adjourned the case to the next date i.e. 18.05.2020.Further the Court due to Covid-19 suo motu issued the general orders for all the cases giving dates without specifying the cases(no specific Court order is available).Our Writ Petition was adjourned by general order to under mentioned dates:-06.07.2020,31.08.2020,23.10.2020 and 06.01.2021. The notice dated 27.10.2020 has been given to Respondent to decide and provide reply as per Hon’ble High Court’s order dated 24.02.2020.
The matter is crucial for determining the parity of BSF with Army as Armed Force and Defence Force by the Court and all other cases of I.E.B.M revolve around this Constitutional issue and interpretation which include OROP, Status of Ex- Servicemen and other benefits as an Armed Force of the Union (to be taken up after this Writ Petition). The intricate matters relating to BSF Service Pay has been raised in this Writ Petition which includes Constitutional issues and interpretation which have never been raised before the court nor decided by the court. The matter is res-intergra (an entirely new and untouched matter).Hence the Respondent are resorting to procrastination and delay and would take time in the decision of the court. The latest position is that this WP No. 13489/2019 alongwith CM Application No. 35979/2021 was listed on 11.10.2021 but case could not come up for hearing. Next date not yet notified.

5. Assured Career Progression Case

A Writ Petition (Civil) No. 7447/2019-Indian Ex Bordermen Movement & Ors Vs Union of India & Ors was heard on 12.07.2019 challenging the validity of date of application of ACP Scheme w.e.f 09.08.1999 and sought application of ACP Scheme w.e.f. 01.01.1996 granting ACP to the petitioners who retired during the period 01.01.1996 to 09.08.1999. The Hon’ble High Court has passed judgment on 03.02.2020 in favour of IEBM. The operative para of the judgment runs as under –
“Para 20 The DoPT’s OM dated 9th August,1999 is clarified by holding that for the Petitioners who retired between 1st January,1996 and 9th August,1999, it will become effective from 1st January, 1996.Accordingly, the following directions are issued to the Respondents:
(i) The members of the Petitioners No. 1 association who retired between 1st January 1996 and 9th August,1999, including Petitioner Nos. 2 to 15, will be granted the benefits under the ACP scheme by treating the said scheme as applicable from 1st January,1996.
(ii) The said Petitioners as at (i) above will be placed in the appropriate pay scale of SI/HC etc. as the case may be (for e.g. In the case of SIs Rs.9300-34800 with grade pay of 4200) from the date of completion of 12 or 24 years of service, as the case may be.
(iii) The appropriate revised pension orders will be issued and arrears will be paid to the said Petitioners as at (i) above within a period of 12 weeks, failing which the Respondents would be liable to simple interest of 6% per annum on the arrears of period of delay.
Para 21 The petition and pending applications are disposed of in the above terms.”
The Hon’ble High Court has granted ACP to the PBOR of BSF with arrears and interest @6% per annum after three months of the judgment. It is worth notice that arrears of 24 years pay and pension has been granted to the petitioners which is highest benefit ever granted being the oldest case.
The Contempt Petition, CONT. CAS(C) 628/2020-Indian Ex Bordermen Movement Vs Ajay Kumar Bhalla, Secretary MHA was filed and heard on 13.10.2020 for directing implementation of the judgment .It was heard through video conferencing and notice was issued .Next date of hearing was 09.12.2020.
In the meanwhile Union of India filed SLP(C) 4918/2021 and date notified was 04.10.2021 but not yet listed. However, counter reply has been filed on behalf of IEBM. As regards, contempt case mentioned above pending in DHC, long date of 20.04.2022 given because SLP is pending is Supreme Court.

6. Modified Assured Career Progression Case

Writ Petition (Civil) No. 4310/2019 was heard on 26th April,2019 challenging the validity of date of application of MACP Scheme with effect from 01.09.2008 and prayed for quashing the date of application of MACP Scheme and sought relief of grant of MACP w.e.f 01.01.2006 to those who retired during the period 01.01.2006 to 31.08.2008.The Counter Reply was filed by the Respondents and rejoinder was filed by the IEBM. The case was taken up for hearing/arguments on 16.12.2019 where Respondents again sought time to file Counter Reply to delay the arguments. The Respondents filed again Counter Reply on 08.09.2020 in the Registrar’s Court, after approx 9 months .The Rejoinder will be filed by IEBM after receipt of Counter filed by Respondent, as it is not supplied to Petitioners yet and due to COVID -19 Registrar’s Court proceedings were notified later on without appearance of advocates from both the sides. The next date of hearing was 04.12.2020.It is worth mention here nobody has so far challenged the Constitutional validity of date of operation of MACP Scheme; IEBM has filed this Writ Petition so that it is applied in rem to all and everyone .Hence Respondent is resorting to procrastination and delay. It is hoped that matter would be decided by the High Court shortly. The next date of hearing is 11.11.2021.

7. Option 1 Case

Writ Petition (Civil) No. 10157/2021 – Indian Ex Borderman Movement & ORs Vs Union of India & ORs was filed in Delhi High Court in July 2021 for grant of revision of pension giving due weightage for increments earned while serving in the last level from which one has retired. It was also prayed that directions be given to respondents to accept the 1st option as recommended by 7th CPC in sub para 1 of Para 10.1.67 of its report to maintain parity for determination of pension between those who retired after 01.01.2016 and those who retired earlier. This WP was admitted on 14.09.2021 and the next date of hearing is 17.03.2022. In this case, the beneficiries are all retired BSF officers and personnel who retired before 01.01.2016.

8. Ration Money Allowance Case

Writ Petition (Civil) No. 8996/2021 – Indian Ex Bordermen Movement & ORs Vs Union of India & ORs was filed in Delhi High Court in July 2021 for grant of Ration Money Allowance w.e.f. 07.09.1998 upto the rank of Commandant irrespective of their place of posting or deployment. The WP was admitted on 25.08.2021 and the next date of hearing is 08.02.2022. In this case, the beneficiaries are all retired officers who will get arrears of RMA upto the rank of Commandant w.e.f. 07.09.1998 even when they were posted on staf duties and training institutions.

9. Benefit of 3 notional increments case

Writ Petition (Civil) No. 9206/2021 – Indian Ex Bordermen Movement & ORs Vs Union of India & ORs was filed in Delhi High Court in July 2021, for grant of 3 notional increments only for pensionary benefits for those who have retired at the age of 57 years. The Hon’ble Court gave order that the benefit will be applicable to those in the CAPFs, who had not crossed the age of 60 years as on 31st January, 2019. Consequently the present WP was dismissed on 31.08.2021. IEBM has now decided to file SLP in Hon’ble Supreme Court and for this a senior advocate will be engaged to appear for IEBM.