Sri Nidhesh Gupta Sr Advocate of AIRIEF argued the case from 10.55 am to 1.00 pm and post lunch from 2 pm to 3.25 pm.
I witnessed the argument on webex.
He argued on :
Sri Nidhesh Gupta has argued on :
1) Rule 55 - in respect of Chairman & MD Pension Revision.
*Violates Art 14*.
2) Rule 56 - in the absence of express provisions CCS Pension Rules to be followed.
3) Rule 5 - constitution of Pension Fund. Sole object to Pay Pension.
LIC to contribute additionally to make it viable to pay Pension.
4) Touched upon various Judgements including Nakara and other cases.
5) Pension Fund position of LIC. Sufficient to bear additional burden.
6) Express provision in our Pension Rules to purchase additional immediate Annuity for paying additional Pension.
7) Chairman is enjoying Pension Revision but not ready to pass on the same to lower cadres - ED to Peon.
8) Pension Anomaly - ED retired earlier getting only Rs.40,000/- pm whereas ED retiring now gets Rs.1,75,000/-. Disparity in the same Cadre.
Then there was Lunch Break for an hour.
In the post-lunch session he analyzed :
1) SC judgement dtd 31-03-2016 delivered by Justice Deepak Mishra.
2) Made a threadbare analysis of Delhi High Court Judgement dtd 27-04-2017 delivered by Justice Sanjay Khanna.
At 3.25 pm the Court rose for the day. During the arguments, both Judges were talking between themselves on many occasions.
The argument was very forceful and convincing.
The next date of hearing is on 24-09-2025.
C T JOSHI.
1 comment:
Congrats CT Joshi Sir! as a stalwart of pro-BJP minuscule TU impartially appreciated Nidhesh Gupta representing another minuscule TU .85 % strong pro-Mao Aiiea/Aiipa had made In-service/EX made them Anti-Modi without spending a paisa while having Rs. 4 crores legal fund all these decades meant to be diverted to other purposes. Consequently workers will revolt to establish "Paradise on Earth" and remove "Modi Regime". Slaves conditioned by that ideology never questioned their mentors about the strategy of support to corrupt regimes of UPA which refused Pension Upgradation. They are ready to abuse Pvn Rao who gifted Pension to all workers in the name of "Reforms" which resulted double the real wages to all now @ 3% P.A. So one need bother about contents/Comments appearing in their unofficial Blog as it is minuscule among working class of whole of India.
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