SUPREME COURT ORDER DATED 31-03-2016

On a careful reading of Supreme Court Order dated 31-03-2016,three aspects emerge out of the same as under...
First the ground of Board Resolution and Chairmans powers under Pension Rules have not been accepted,
Second the case has been remanded to Delhi High Court to examine the constitutional validity of Rule 3A,
And third that the parties have been permitted to file amended affidavits to complete the pleadings.
Rule 3A divides a single group of pensioners in two groups that is pre August 1997 retirees and post August 1997 retirees.But the Post August 1997 group has further been sub divided into following sub groups.....
Group of pensioners between August1997 and July 2002
Group of pensioners between August 2002 and July 2007
Group of pensioners between August 2007 and July 2012
Group of pensioners from August 2012 onwards
This sub division has resulted because of non upgradation of pension as a result of pay revision at an interval of each five years.It has been settled by the Suprene Court,including Justice Deepak Mishra ,that there can't be any discrimination in a single group of pensioners by way of artificial cut off dates as it would be violative of Article 14,16 and 21 ultra fires of these Constitutional provisions.Thus it is not only a question of DR anomaly but mainly non upgradation of pension as a consequence of pay revision.This aspect seems very well into the mind of Justice Deepak Mishra that is why he has allowed the parties to file amended pleadings.In my opinion, we should grab this opportunity before Delhi High Court.o

We have a very good case of discrimination in a single class of pensioners and on this count our victory seems to be certain.The ClassI Federation,as well as AIRIEF,should both fight out the case before Delhi High Court tooth and nail on the ground of discrimination,and victory will be ours.It is only a question of time of a few months.

S.R.AGARWAL
RTD SECY HPF,CO
EX.R,M, LEGAL,ZO,NEW DELHI
NOW AT GURGAON
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