Reflections on partial messages received on DHC Judgement

Dear friends,

1)It looks from information received  from our friends in DHC premises, in parts, we have to stitch & so liable  not to be free from errors

Nevertheless  , an attempt at this stage is needed to know atleast semblance of the verdict,the operational part of DHC judgement.

i)it looks DR to pre 8/1997  is allowed from  1st WPdate , ie perhaps KMLAsthanas 6676/1998  within 1 year arrears to be paid.

 b)0.29% against 0.19% &  0.23% against 0.17%.   This also DHC must have taken from original slab rate from beginning & slightly bettered.Enunciation of this can come thro ,only when we receive the Judgement, which they say will be 27 april evening ,Loading in DHC site may take time & it will run into pages & pages.as is customary.

ii)No recovery of 40%IR

iii)Petitions partly allowed , signifies pension upgradation disallowed or rejected

However, it seems ,there is reference in Judgement, benefit to be given to retirees following pay revision.  Are there any logical insertions, can it be Modified parity, conjectures only

iv)On the whole, judgement complicated & has to be read, reread, chewed & digested  before a very strong & unassailable  arguments how partial justice renders incalculable harm to all groups of pensioners & moreover perpetuating grotesque anamolies, 

2)a)DHC wants pensioners to live with anamolies, definition of PU honoured in umpteen HCs & Apex SC looks to have been thrown overboard

b)Hon Dipak Misras 1/7/2015 judgement on Rajasthan University teachers & others , characterising as HOSTILE DISCRIMINATION & allowed PU, ,is ignored so soon.

c)If Nakara was 1983, then CJI Hon Lodha in a similar 5-Judge Bench  upheld anamolies & remedied by dismissing UOI writs, appeals, SLP, Curative petitions  & said NO to 15/9/2012 effective date for OROP but same PC 1/1/2006

d)Latest Govt Orders bonanza of Rs 5000 cr to govt pensioners  allows fitment for PU to New scales as per 7th PC & even betters 2.57 multiplication factor

e) Hon SC Judges themselves categorically mentioned & pronounced that well laid down principles by SC in many cases cannot be simply negated & if so same cases will crop up again & again, ruining litigants life & pinpricks for all including institutions

f)when so many cases SC has indicated unambiguously that they will not agree to organissations plea of lack of resources as long as Rights are in jeopardy & equity, equality will be the guiding principles. If so, why DHC falls a prey to UOI & LIC arguments  presumably rather than powerful submissions made eloquently  by Petitioners that outlay is measly & above all it will be a closed cadre & so no perpetual problem for eternity

In fact during AIIPA Sr Counsel presentation, when he said app Rs140cr pa Hon Khanna interjected, even if it is more it is ok, as we AIRIEF gave detailed Charts indicating Rs 181 cr pa only

At another point , same Counsel Hon Judge had pity perhaps & said LIC shd have taken as  corporate Social Responsibility  for pensioners.

3)Anyway, even 18 years of longest cases in recorded legal history,DHC wants to drain out Elders & pensioners energy, & full BALANCE if not there, verdict suffers from infirmities & toes original MOF line of thinking.

whereas clearly giving example of DIRECTOR, the Govt granting Rs 5000cr said very positively just retired Director gets much less than new Director  & so 6th PC Director will be fitted in 7th PC director scales which is what we precisely wanted 

Even for SBI, Special Committee under DFS agreed in principle shifting of Basic pay to New scales of Same cadre, SBI pension has different attributes however,as 3 benefits they enjoy.

4)What a day it has been. Never perhaps in legal cases , one should lay too much emphasis on  outcome, as with evergreen memories of continued long hearing pales away as a whiff of thin air

Nobody takes for granted but yet if judgement is strewn with halfhearted attempts to resolve, it ended only in no solution  but keeping away many pensioners still in doldrums, which cannot be the ideal getup for a a Judicial High  Court out to set quality precedents rather than whittling them down , making many aged pensioners still cry in anguish for fullest form of justice with equity & equality .as guiding principles. So, constitution & Fundamental Rights also as beacon light fades away unless FULL text of judgement gives yet some ray of hope

Endless litigation has become a norm, activists have to die only because of  inebriated verdicts not upto the mark viewing totality

5)Battle shifts to SC & more creative right brain thinking needed. Pensioners allergic to legal fund donation ,though now more funds will become necessary will have to support to establish a cardinal principle . If Khandelwal committee recommendations that a jumbo solution for all is not feasible, but profit yielding orgns can have a definite say looks to be a realistic solution. LIC comes in that category whereas Govt will give valueadded pension at ages 80 onwards, 20%, 30, 40, 50 & 100 % at age 100 Bapre ,whither we pensioners , nothing to cry but everything to criticise the functioning of Judiciary  

RBKISHORE

VP, AIRIEF

Las Vegas 

 4.10am