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Saturday, 21 November 2015

7th Pay Commission Analysis on Past Pensioners' upgradation issue

Dear Mr Sahni,
Based on the post in your blog giving extracts from the 7th Pay Commission Report relating to pensioners,I ventured  to tabulate the  case laws  discussed by them  as per the attachment.
While the elaborations in paragraphs 10.1.63 & 10.1.64 appear to be highly pensioner friendly( but for highlighting the universal non-applicability of the D S Nakara  judgment),there is an undercurrent of challenge for the case managers representing  the pensioners  under the three CAs  coming up shortly in the SC to establish violation of Article 14 of the Constitution by LIC.The Commission has objectively cited all the relevant case laws in favour of and against pensioners,but have ultimately  veered round  towards giving   recommendations in favour of past pensioners..
This challenge in the case of the pending CAs will definitely call for a common and unified strategy.But whether that will happen seems  doubtful..
Greetings.
C H Mahadevan
Attachment as referred to above:-
JUDICIAL PRONOUNCEMENTS CITED BY 7TH PAY COMMISSION UNDER PARA 10.1.61 OF REPORT & SUMMARISED VIEWS ON PENSION REGIME EVOLUTION
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