Now, no amount of our finding fault with GOI will help in general terms or on logical comparison with Central Government Pension .We have to challenge the Notified LIC Pension Rules 1995 with all the relevant rules and establish how the Rules as they exist violate Articles 14 & 21 of the Constitution .
We have to challenge the non-implementation of Rule 56 ,which has become relevant and become applicable after acceptance of recommendations of the 5th CPC by the GOI.
We need also to bring out the discrimination caused by Rule 55B attracting the ratio of D S Nakara case judgment.
DHC has recognized in its judgment dt 27/4/2017 the deficiency in the DR formulae as per Appendix IV for pre-August 1997 retirees.
DHC has ordered upgradation in Minimum Pension along with wage revisions.It has given rise to anomaly of lesser gross pension to borderline non -Minimum Pensioners.than those on Minimum Pension on the latter's upgradation.This anomaly calls for upgradation of pension for all pensioners,not merely Minimum pensioners.
All the above points will have to be appropriately pressed forth on Constitutional grounds in order to win the case in SC.
C H Mahadevan
1 comment:
Very logical & legally valid points points raised by Mr. Mahadevan.This is the only points which can attract the attention of HSC.I have filed a case in Kerala high court for such discrimination in GIC pension rule in which our para 55(your para 56) was selectively invoked to benefit the CMD only by introduction of para 54B (your para 55B) My case No is WOC4357/2019
Post a Comment