I have gone through the Order and my opinion is as under.......
1. Uptil now the whole edifice of our case was based on the foundation of Board resolution and Chairman power under Rule 55 of Pension Rules.Justice Mishra has categorically held that the Board Resolution has not been converted into a rule,because it is not notified and placed before Parliament and Chairman does not have the power to issue instructions on a matter not covered by the rules.He would have stopped here and we would have lost everything.
2. But he has graciously kept open one door for relief to us.That is to challenge the constitutional validity of Rule 3A of the Appendix, and for that purpose to file amended pleadings. Now the whole issue hinges on only and only one point and that is hostile discrimination in a single class of pensioners by arbitrary cut off dates, which is not only due to DA formula but because of pay upgradation in 1997,2002,2007 and 2012. Now it will depend on our intelligent drafting of amended pleadings.The whole energy should be applied to challenge with full force the hostile discrimination in a single class of pensioners, due to DA and pay revision, violative of the Constitutional provisions, particularly Article 14.Various case laws,including judgement by Justice Mishra, are in our favour.The various charts of current pension being paid from an ED to class IV should form part of amended pleadings to establish glaring hostile discrimination.
3. In my opinion, any Review Petition will not serve any purpose as it will be dismissed, as has been the usual practice and any such move will be a wastage of time and money.Justice Mishra has barred all the High Courts to proceed with any similar matter to reduce litigation.So we should now fight tooth and nail before Delhi High Court,for which a time table has also been set.
4. The courts do not give interim relief as a matter of routine, rather when it feels some prima facie injustice to a party during the pendency of litigation.
5. You may circulate my views on your Blog for brain storming by other colleagues.Thanks,
S.R.AGARWAL
RETD SECY,HPF,CO
NOW AT GURGAON
MOB.08527571711
Email....sragarwal1@yahoo.com
Sent from my iPad
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