Referring to Mr S D Sarma’s post, my view is that the
although the SC order on 7/5/2015 was basically in respect of the CA against
the Jaipur judgment, considering the fact that the other two CAs are also
tagged with the former CA, any interim payment ordered should satisfy the
original petitioners under all the CAs.Although
there are only 60 petitioners under Jaipur & Chandigarh judgments, as Delhi
HC provides for ‘in rem’benefits,the interim payment will be required to be
paid to all Class I pensioners retired prior to 1/8/1997.But the question is
whether they can restrict the interim
payment to only Class I pensioners and also whether even pre-August 1997
pensioners will be paid only restricted benefits on DR
anomaly removal & 100% DR
neutralisation while for pre_August 1997 retiree- petitioners under the
Jaipur
& Chandigarh writs upgraded pension will have to be paid. Again
there is the question whether they can restrict the interim payment
only to pre-August 1997 retirees leaving the post -July 1997 retirees
who too are suffering from pension discrimination.
In consequence,any interim payment short of upgraded pension
for some pensioners and interim payment
with upgraded pension for some
others and also based on cut-off date of 1st August 1997 will be discriminatory, which
situation is sought to be done away with through the Civil Appeals.
I am sure that the written order of the SC will address such
concerns.Let us wait and see.
With greetings,
C H Mahadevan
