Dear All,
Today's proceedings in the High Court.(16.02.2017)
Our case came up at 3.35 PM today when Shri Nagmohan Das Sr. Counsel for AIIPA presented his arguments. He was assisted by Shri Som Dutt Sharma, Advocate and others.
The Counsel referred to a case of 1990 in addition to Nakara case and stressed that there are three basic principles involved in the pension.
(i) Pension is a Right.
(ii) There cannot be discrimination in the pension on the basis of a cut off date as it violates Art. 14 of the Constitution.
(iii) Wherever an interpretation is required, it has to be in favour of the employees.
He then referred to the discrimination between Pre-1997 pensioners and Post-1997 pensioners and discussed the disparities in detail. He informed the Court that only Record Clerks retired prior to July 1997 were having benefit of 100% neutralisation, and remaining pensioners of Class III were getting 75% neutralisation; pensioners belonging to Class II were getting 50% neutralisation and pensioners belonging to Class I were getting only 25% neutralisation.
He also referred to Rule 3(A) which violated Art. 14 of the Constitution.
He then read out the Board Resolution of the Corporation and the amount of Rs. 51.37 Crore involved in arrears and 5 to 6 crore per annum. He stated that the number of pre-1997 pensioners has been reducing and the financial burden on the Corporation is reducing.
He then referred to Rule 56 and Pension rules of Central Government employees and the decisions taken in the Pay Commissions V,VI and VII wherein pension of Central Govt. Employees has been revised from time to time.
The Sr Counsel for LIC intervened and informed the Court that in the competitive market there was reduction in business of the Corporation in the year 2014-15 under various categories .
There was regular intervention by the Court on all the issues raised.
The Court adjourned and our case will now come up on Monday afternoon.
Thanks.
P.P. Dhamija
Today's proceedings in the High Court.(16.02.2017)
Our case came up at 3.35 PM today when Shri Nagmohan Das Sr. Counsel for AIIPA presented his arguments. He was assisted by Shri Som Dutt Sharma, Advocate and others.
The Counsel referred to a case of 1990 in addition to Nakara case and stressed that there are three basic principles involved in the pension.
(i) Pension is a Right.
(ii) There cannot be discrimination in the pension on the basis of a cut off date as it violates Art. 14 of the Constitution.
(iii) Wherever an interpretation is required, it has to be in favour of the employees.
He then referred to the discrimination between Pre-1997 pensioners and Post-1997 pensioners and discussed the disparities in detail. He informed the Court that only Record Clerks retired prior to July 1997 were having benefit of 100% neutralisation, and remaining pensioners of Class III were getting 75% neutralisation; pensioners belonging to Class II were getting 50% neutralisation and pensioners belonging to Class I were getting only 25% neutralisation.
He also referred to Rule 3(A) which violated Art. 14 of the Constitution.
He then read out the Board Resolution of the Corporation and the amount of Rs. 51.37 Crore involved in arrears and 5 to 6 crore per annum. He stated that the number of pre-1997 pensioners has been reducing and the financial burden on the Corporation is reducing.
He then referred to Rule 56 and Pension rules of Central Government employees and the decisions taken in the Pay Commissions V,VI and VII wherein pension of Central Govt. Employees has been revised from time to time.
The Sr Counsel for LIC intervened and informed the Court that in the competitive market there was reduction in business of the Corporation in the year 2014-15 under various categories .
There was regular intervention by the Court on all the issues raised.
The Court adjourned and our case will now come up on Monday afternoon.
Thanks.
P.P. Dhamija
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