Dear Mr Aggarwal,
The
observations under para 15 of the Supreme Court can only be taken as
passing remarks and not as its finding, because LIC Pension Rules 1995
have been notified by the Central Government in exercise of its powers
under Sec 48.There is no mention of Parliament 's approval in the
Notification.If the Pension Scheme itself can be notified by the Central
Government,the amendments including for upgradation of pension can also
be notified by the CG without any need for Parliamentary approval.The
notified LIC Pension Rules 1995 constitute a subordinate legislation in
my opinion.SC can definitely revise its remarks when pointed out in the
SLPs.
The SC has only said that the Rules have not been
amended by the CG to give effect to the recommendations of the Board
Resolution.This does not take away the merits of our case for
upgradation of pension.SC has also not held the Board Resolution as non
est as erroneously observed by the Delhi High Court.
Associations
need not take up directly with the MoF except by way of lobbying but
only need to take up through LIC which was done culminating in the
Board Resolution.
Because there is injustice to pensioners
caused by the CG not acting as per the Board recommendations, violating
the constitutional provisions,this prolonged litigation is on.So let us
not be pessimistic about the strength of our case for upgradation.We
need to vehemently pursue the case in the SC.
Kind regards.
C H Mahadevan
Columbus (OH), USA
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