As regards the grounds for upgradation of pension,there can be no dispute about their strength.SC has held that pension is a deferred wage.So a pension received on retirement has the same character as the salary received while in service.Index-linking on a static basic pension is inadequate and it can be a true deferred wage only the pension is upgraded with every wage revision and there is one rate of DR which is currently neutralised 100%.
Rule 56 of our Pension Rules 1995 already provide for adopting CCS Pension Rules 1972( now repealed by CCS Pension Rules 2021).This adoption is already happening for Chairmen( now Chief Executives) & Managing Directors retired on or after 1/1/1996 covered by Rule 55 B,which is discriminatory and violative of Article 14 & 21 of the Constitution. These top two cadre officers are covered by the same Pension Rules and paid pension from the same Pension Fund. Also additional contributions in respect of these officers are paid on a higher scale for payment of upgraded pension while the additional contributions for employees of lower cadre are paid on a .over scale to the Fund for payment of a static pension. This also constitutes violation of Article 14 & 21 of the Constitution.
All these points are to be argued before the SC Bench on 3/11/2022 when the hearing comes up( hopefully).Justice is delayed no doubt, but it cannot be denied forever.
C H Mahadevan
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