I do not agree that Pension Rules need not be amended for giving
upgradation of pension.In that case,they need not have inserted Rule
55B.
I also do not agree that if Mr Asthana withdraws from the
legal fight,40% IR will be withdrawn. 40% IR paid is a fait accompli
which has been made unrecoverable by DHC. Even for the partial relief
granted by DHC by its judgment on 27/4/2017,the date of the earliest
Petition,viz,Mr KMLA’s is only the reference date for the purpose of
reckoning the starting date of the partial relief.
The
withdrawal of Mr KMLA from the legal fight does not erase the existence
of the original Writ Petition filed in 1998 by Mr KMLA.
It will be unfortunate if Mr KMLA withdraws.
C H Mahadevan
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