supreme court order dated 31.3,2016 - on revision of pension - A CAUTION.

Dear Sir,

Supreme Court order dated 31.3.2016 - on revision of pension - A CAUTION.

Please refer to :-

para 15 of SC order dt. 31.3.2016.

"............On a perusal of Section 48, it is clear as crystal that conferment of benefit, either pension or anything ancillary thereto has to be conferred by the 

rules and the rule as prescribed under Section 48 of the Act is to be 

tabled before the Parliament. In the absence of a rule, in our 

considered opinion, no benefit can be granted on the basis of the 

resolution passed by the Corporation.

para - 23 sc order dt. 31.3.2016.

"...........However, we may clarify that we have not 

expressed any opinion on the merits of the case, except that the 

resolution could not become operative unless it was conferred the 

status of a rule as provided under Section 48 of the Act."

para 29 of SC order dt. 31.3.2016.

"............what we have finally concluded, namely, that the resolution could not have been given effect to without framing a rule by the Central Government."

DHC has also rejected the demand of revision of pension despite the fact that  all available arguments, case laws , constitutional previsions etc. ect. were advanced in the writ petitions. DHC judgment dated 27.4.2017 has all the details.

 As the issue of Revision (updation) of Pension will finally be taken up in SC, all the petitioners, unitedly and collectively, must work on as to how to defend the issue of revision of pension in the light of above observations/conclusions of Ho'bl SC in their order dated 31.3.2016. 

With best wishes and regards

HK Aggarwal.