A
piquant situation has arisen after the delivery of the unsavoury order
of the Apex Court on 31st ultimo granting 40% relief in respect of DR to
pre-01-08-1997 retirees and referring all other major demands
pertaining to the entire class of pensioners to two-judges Bench to be
constituted within a month by CJ of Delhi HC. We are forced to submit
our views afresh from the scratch on certain laws involved with some
more added emphasis and to the fullest satisfaction of the Court.
Presently, SC feels that UOI enjoys supreme power under Section 48 over
the power of the Chairman under Sec.55 and also the force of the
resolutions passed by the Board. Any change should be based on law
enacted in the Parliament, SC observes.
Our case is approached in a different footing quite opposite to
earlier findings in similar circumstances. Being laymen in legal points,
we are perplexed not knowing where the lacuna lies and how to plug it.
I don't think any move from our side to approach Apex Court with a
Revision Petition would serve any purpose. Instead, we should try best
to convince the Delhi HC Double Bench with added relevant case-laws. Our
present Sr.Advocate has amply justified his legal responsibility and he
deserves our compliments. But adding one more luminary in the galaxy of
our legal-cell could be of much needed help for our counsels to advance
our arguments with renewed vigour armed with additional materials facts.
At least at this crucial juncture, we should strive to establish unity
among ourselves and thrust our arguments emphatically with single
voice.
Let us try our luck in these two aspects.
Fraternally Yours,
M.P.Subrahmanian.
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