FRIENDS,
PLEASE OPEN FILE AND READ THE JUDGEMENT OF SC BY HON'BL JUSTICE DIPAK MISRA & JUSTICE ABHAY MANOHAR SAPRE ORDERS DATED 1.7.2015 IN CA 1123/2015.(reportable).
The salient features of the judgment:
1). The bench has authoritatively ruled that Pension is a right and the payment of it does not depend upon the discretion of the
Government. Pension is governed by rules and a Government Servant coming within those rules is entitled to claim pension.
2). The judgment has recognized that the revision of pension and revision of pay scales are INSEPARABLE.
3). The bench has reiterated that on revision the Basic pension cannot be less than 50% of the Basic Pension in the minimum of the Pay Band in the revised scale corresponding to the pre-revised scale.
4). The government CANNOT take a plea of financial burden to deny legitimate dues of the pensioners.
5). The Government SHOULD AVOID unwarranted litigation and not to encourage any litigation for the sake of litigation.
6). When pension is upheld to be a right and NOT A BOUNTY, as a corollary to the averment that revision of pension and revision of pay scales are INSEPARABLE, up gradation of pension is also a RIGHT & NOT A BOUNTY.
THE JUDGEMENT IS BASED ON THE DECISION ON D S NAKARA CASE.
I LEARN IT HAS ALREADY BEEN NOTICED BY SH KML ASTHANA AND HIS ADVOCATES AS IT IS THE LATEST AND VERY RELEVANT TO OUR PENSION CASE.
LETS PRAY AND HOPE FOR FRUITFUL AND RESULT ORIENTED PROCEEDINGS IN THE SUPREME COURT W.E.F 23.9.2015.
WITH BEST WISHES AND REGARDS
H K AGGARWAL
SCORDERPENSION172015CLICK HERE
PLEASE OPEN FILE AND READ THE JUDGEMENT OF SC BY HON'BL JUSTICE DIPAK MISRA & JUSTICE ABHAY MANOHAR SAPRE ORDERS DATED 1.7.2015 IN CA 1123/2015.(reportable).
The salient features of the judgment:
1). The bench has authoritatively ruled that Pension is a right and the payment of it does not depend upon the discretion of the
Government. Pension is governed by rules and a Government Servant coming within those rules is entitled to claim pension.
2). The judgment has recognized that the revision of pension and revision of pay scales are INSEPARABLE.
3). The bench has reiterated that on revision the Basic pension cannot be less than 50% of the Basic Pension in the minimum of the Pay Band in the revised scale corresponding to the pre-revised scale.
4). The government CANNOT take a plea of financial burden to deny legitimate dues of the pensioners.
5). The Government SHOULD AVOID unwarranted litigation and not to encourage any litigation for the sake of litigation.
6). When pension is upheld to be a right and NOT A BOUNTY, as a corollary to the averment that revision of pension and revision of pay scales are INSEPARABLE, up gradation of pension is also a RIGHT & NOT A BOUNTY.
THE JUDGEMENT IS BASED ON THE DECISION ON D S NAKARA CASE.
I LEARN IT HAS ALREADY BEEN NOTICED BY SH KML ASTHANA AND HIS ADVOCATES AS IT IS THE LATEST AND VERY RELEVANT TO OUR PENSION CASE.
LETS PRAY AND HOPE FOR FRUITFUL AND RESULT ORIENTED PROCEEDINGS IN THE SUPREME COURT W.E.F 23.9.2015.
WITH BEST WISHES AND REGARDS
H K AGGARWAL
SCORDERPENSION172015CLICK HERE
