Our strategy Re our case in SC

I have seen the post of Shri CH Mahadevan with ref.to my earlier view conveyed through your blog that it would be advantage not to press for an early finality in our case on upgradation/fp improvements in the context of what is going on in regard to Pensioners in Banks.

I agree that the basic mechanism for granting benefits for bank pensioners and LIC Pensioners may be different but one cannot lose sight of the fact that it is the proclaimed policy of the govt to treat employees (including Pensioners)of both banking & insurance sectors on par in the matter of wages or any form of emoluments.If therefore such a fact is presented to the court it is bound to be accepted as judiciary will not interfere with any polcy decesion of the executive unless it is patently against any constitutional provisions.

Further Mr. Mahadevan says that we should secure upradation only by "winning" the case. On issues like what we have raised can we be sure of " winning" ? We should learn from experiance from the Delhi HC episode .We won our point of discrimination against  a section of Pensioners but what we actually got was not to our satisfaction. Basically,in my view as a practicing lawyer, is that considering the nature of the dispute we can succeed only if our plea of the denial of rights under Art 14 & 21 finds accelptance by the SC. I would not like to elaborate on this for obvious reasons.

I therefore I am still of the firm view that it would pay us not to invite a finlity at this critical juncture. After all discretion is the best part of valour.

With greetings to all - 

GN Sridharan