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Tuesday, 15 November 2016

HC-WRIT PETITION NO.3983 OF 2016- MADANLAL GANDHI & ORS VS UOI & ORS

If the Bench has taken a view that para 3A deals with only the rate of DR and not an increase in pension,it has arisen out of a lack of understanding of the background of para 3A..
Para 3A  specifies the rate of DR to be applied to the Basic Pension that  originated after the wage revision w.e.f 1/8/1997 and hence cannot be isolated from the Basic Pension that should logically emanate from an equivalent average monthly emoluments corresponding to the revised wages after 1/8/1997.
Technically, we have a strong case to appeal to SC on the flawed order,but considering that it deals with an interim payment subject to final decision on substantive issues like  DR anomaly removal,100% DR neutralisation and upgradation of pension,we need to think whether it is worthwhile  appealing against the DHC Order.But we need to go through the full order containing the reasoning for the decision.
From the reactions  being published in the pensioners' blogs,even the pre-August 1997 retirees seem to be averse to the idea of an appeal to the Supreme Court.
Only the Family Pensioners are left in the lurch  not having   received any interim relief.
C H Mahadevan
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