Para 3A & B

To 

Shri R B Kishore,

Respected Sir,

This is with reference to the WhatsApp chat dt 11th inst from Shri Pramod Srivastava of GIC for which my comments are invited by your good self.

In the judgement dt 31-3-2016, the SC wanted to test the constitutional validity of these Paras 3A,B by referring the same to DHC. The DHC also in their judgement dt 27-4-2017 held that the same caused grave discrimination to similarly placed employees retired earlier to 1-8-1997.

Therefore these Paras are already on the purview of the Courts and cannot be taken away by the government without the permission of the Courts.  It is clear from the DHC judgement that the same should be extended to all the pensioners but the method of implementation suggested by them is being contested by us now in SC.

In my opinion these Paras are vital for our case now going on in SC and should be implemented in Letter and spirit for all the pensioners without discrimination and date of Retirement, which will ultimately be Upgradation of pension.  

In a recent judgement, the SC observed thus : 

,"Pension Rules Must Be Interpreted In Favour Of Employee When More Than One Interpretation Is Possible : Supreme Court"

https://www.livelaw.in/top-stories/supreme-court-pension-rule-interpretation-employee-favour-state-of-rajasthan-vs-o-p-gupta-2022-livelaw-sc-785-209922?infinitescroll=1

In these circumstances, it is impossible to remove the above Paras by the Government.

Submitted with respects,

G Ramamoorthy.