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Saturday, 28 March 2015

Fundamental Right to equality under Articles 14 & 16 of the Constitution

Dear Shri Ahuja,
You are very right. Ultimately it boils down to the fact whatever may be the grounds that LIC/UOI may be adducing to deny justice for pensioners,they cannot get away with violating fundamental rights & right to equality of employment under Articles 14 & 16 of the Constitution. Even  fixing an artificial cut off date will be tantamount to violating the above Articles of the constitution because  the deceased pensioners and family pensioners become victims of such discrimination.
I am sure the case managers & the Counsel will emphasize on the above points.
Kind regards.
C H Mahadevan


Dear Shri Mahadevan

Thanks for sending the attachments and clarifying the doubts raised by some friends.

I believe, the  following points, which I am sure must have engaged the attention of our colleagues and the Senior Counsels, should be emphasized before the Hon'ble Supreme Court.

1. The Union of India did not respond to the Resolution unanimously passed by the Board (which included their representative also) for  14 long years.  How can they sit over a reference, without accepting or rejecting it for such a long time.  This is an indirect way of tiring the suffering pensioners.  

2. The Constitution of India grants equality to all citizens.  How can they differentiate pensioners who retired on  a particular cut off date and who retired at a later date?  The Govt. has itself accepted the principle of One Rank One Pension in case of Armed forces.  

Regards

RS Ahuja