POINTS TO BE KEPT IN MIND FOR LEGAL BATTLE

Dear Shri Sahni,
I am attaching a note giving some important points to be kept in mind while fighting our legal battle in Delhi High Court.
Thanks.
P.P. Dhamija
09810186067

POINTS FOR CONSIDERATION BY THE LEGAL COMMITTEE-FROM P.P. DHAMIJA

1. IN ITS JUDGMENT DATED 31.03.2016, THE HONOURABLE SUPREME COURT HAS VERY CLEARLY REPRODUCED THE RULE 37 OF THE PENSION RULES 1995 WHICH REFER TO “DEARNESS RELIEF”

2. IN THE ORIGINAL PENSION RULES THE RULE 3 WAS DIFFERENT AND WAS RENUMBERED AS RULE 4 AND SUBSEQUENT RULES 4, 5, 6 WERE RE-NUMBERED AS RULE 5, 6, 7.

3. RULE 3 WAS ADDED BY A GAZETTE NOTIFICATION ON 22.04.1997 AFTER WAGE REVISION OF 1992. IN THIS RULE ITSELF, THE CORPORATION TRIED TO INTERFERE WITH THE RULES 1 & 2 AND ADDED THAT “DEARNESS RELIEF SHALL BE PAYABLE OR RECOVERABLE AS MAY BE DETERMINED FROM TIME TO TIME”.

4 .RULE 3(A) AND 3(B) WERE ADDED ON 22.06.2000 AFTER THE WAGE REVISION OF 1997 WAS GIVEN EFFECT FROM 01.08.1997.

5. BY ADDING RULE 3(A), THE LIC/UOI DENIED THE BENEFIT OF REVISED DEARNESS RELIEF FORMULA FOR EMPLOYEES WHO RETIRED PRIOR TO 1ST AUGUST’ 1997. THIS RULE 3(A) DENIES THE BENEFIT OF FULL NEUTRALISATION OF DR TO EMPLOYEES RETIRED UPTO 31ST JULY’ 1997 WHICH IS ARBITRARY AND VIOLATES THE PROVISONS OF ARTICLE 14 OF THE CONSTTUTION.

6. ADDING RULE 3(B), THE LIC/GOI HAS BLOCKED ANY REVSION OF DEARNESS RELIEF FOR FUTURE. IT READS “IN CASE OF ANY WAGE REVSIOJN IN FUTURE THE RATE OF DEARNESS RELIEF PAYABLE TO AN EMPLOYEE SHALL BE DETERMINED BY THE CORPORATION CORRESPONDING TO THE INDEX TO WHICH THE CASE IS LINKED.

7. THIS RULE 3(B) RESTRICTS LINKAGE OF FUTURE DR WITH FUTURE PRICE INDEX. THE CORPORATION SHALL DETERMINE THE DR WITH WHICH THE INDIVIDUAL CASE IS ALREADY LINKED. IT MEANS NO FURTHER INCREASE IN DR. AS SUCH THIS RULE 3(B) IS ALSO ARBITRARY AND IS VIOLATIVE OF THE PROVISIONS OF ARTICLE 14 OF THE CONSTITUTION.

8. RULE 56  “RESIDUARY PROVISIONS” : MATTERS RELATING TO PENSION AND OTHER BENEFITS IN RESPECT OF WHICH NO EXPRESS PROVISION HAS BEEN MADE IN THESE RULES SHALL BE GOVERNED BY THE CORRESPONDING PROVISIONS CONTAINED IN THE CENTRAL CIVIL SERVICES (PENSION) RULES, 1972 OR THE CENTRAL CIVIL SERVICES (COMMUTATION OF PENSION) RULES, 1981 APPLICABLE FOR CENTRAL GOVERNMENT EMPLOYEES.

9. THE SUPREM E COURT IN ITS ORDER DATED 31.03.2016 HAS FURTHER GIVEN THE RATE OF DR DETERMINED BY THE CORPORATION FOR THOSE EMPLOYEES WHO HAVE RETIRED OR DIED ON OR AFTER 1ST DAY OF AUGUST’ 2002. THE RATE IS 0.18% OF BASIC PENSION  OVER 2328 POINTS.  THIS IS AN INDICATION BY THE COURT TO US TO DEMAND REVISED DR AT EVERY WAGE REVISON.

10.  WHILE MAKING OUR PRAYER, WE HAVE TO REQUEST FOR MERGER OF EXISTING PENSION WITH PREVAILING DR AND GIVING SUITABLE INCREASE OF SAY (11.25%,10%, 12%, 13%) WHATEVER HAS BEEN  GIVEN TO THE IN-SERVICE EMPLOYEES FROM 01.08.1997, 01.08.2002. 01.08.2007 AND 01.08.2012.