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Sunday, 16 July 2017

A MILLION DOLLAR QUESTION. - updation of pension.??

Friends,
While all the Petitioners, Associations, leaders deserve all sympathies and appreciations for their whole hearted involvement, burning mid night oils, toiling hard at the cost of their own health in  pursuit of legal proceedings, filing of SLPs in Supreme Court against the DHC Judgement dated April 27,2017,
      a MILLION DOLLAR QUESTION 
which is baffling all is:-
"' WILL IT BE LEGALLY POSSIBLE FOR HON'BL SUPREME COURT to allow UPDATION (Revision of Pension on every wage revision of existing employees) UNLESS CENTRAL GOVERNMENT AMEND PENSION RULES in this regard."
WHEN
Supreme Court in their own order dated 31.3.2016 under CA Nos.8959-62/2013  had concluded as under :
1. See para 15 of SC order dt. 31.3.2016.
"............On a perusal of Section 48, it is clear as crystal that conferment of benefit, either pension or anything ancillary thereto has to be conferred by the
rules and the rule as prescribed under Section 48 of the Act is to be tabled before the Parliament. In the absence of a rule, in our considered opinion, no benefit can be granted on the basis of the
resolution passed by the Corporation.
2. See para - 23 sc order dt. 31.3.2016.
"...........However, we may clarify that we have not
expressed any opinion on the merits of the case, except that the resolution could not become operative unless it was conferred the
status of a rule as provided under Section 48 of the Act."
3. See para 29 of SC order dt. 31.3.2016.
"............what we have finally concluded, namely, that the resolution could not have been given effect to without framing a rule by the Central Government."
Further question arises that When SUPREME COURT & DHC have  already declined/ rejected the demand of revision of pension despite the fact that  all available arguments, case laws , constitutional previsions etc. ect. were advanced in the writ petitions, how far fresh SLPs will be helpful UNLESS  rules are amended by Parliament has to be taken care of.
Have ASSOCIATIONS ever taken up the issue of amending PENSION RULES (to provide Updation) with the Ministry of Finance, Government of India.
These are some of the pertinent questions to be clarified and tackled in the present situation. Hope collective wisdom and a homogeneous approach by all parties in this legal battle will be in the right direction.
With best wishes & Pray for good health to all.
H K Aggarwal.

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