SC case

Respected Shri Kishore Sahab,

It’s always a pleasure to read your informative and educative mails written so nicely. I feel amused and rewarded to go through your email dated 11/4/2020. I equally enjoyed the content rich and brilliant response from Respected Shri Narayenen Nan Sir. These in puts will definitely help us to place our points before the Sr Advocate with better clarity and emphasis in our briefing, to negate any perceived negative impact of the prevailing scenario.

We do not know how long this menace will last. But, it appears that on the basis of opinion of experts and all stake holders, government authorities may take steps to start the activities and keep the ball rolling after some time say two weeks in a phased manner.

It is also learnt that SCBA (Supreme Court Bar Association) has passed a unanimous resolution dated 11/4/2020 urging the Chief Justice of India and other sitting judges to cancel the summer vacation this year to compensate for time lost due to Court’s restricted functioning during the lockdown imposed to contain the COVID-19 pandemic. (pl visit https://bit.ly/2JURAHs or www. Barandbench.com).

We are the aggrieved party. We want early favourable judgment. So, from our side, we should be alert and ready to plead our case strongly, any time whenever it is listed.

There are so many views and even apprehension about the outcome. Sir, Nobody can predict the judgment. But, I am sanguine about the favourable final judgment. We have prepared our case after a lot of study and we are convinced that there is discrimination among similarly placed pensioners with regard to payment of pension/DR based on date of retirement. We have challenged the specific rules which are creating such discrimination and thus are violative of Article 14 ,21, etc. of the Constitution. Our Sr Advocate is specialized in constitutional provisions related to service matter. He  has studied and taken cognizance of our detailed notes. He is convinced that there is violation of the Constitutional provisions. So, I feel that he will be able to counter any arguments on financial impact or slowing down of economy from the opponents. We are fighting the case not for money alone but also for the dignity guaranteed to the citizen of India by the Constitution.

As regards our role to support the Government / Nation to come out of the disaster caused by COVID-19 and the economic impact of the disaster, we will play the same like other citizen. Most of us have subscribed individually or collectively for the PM CARE Fund. If there will be any call of reduction of emoluments/pension, we will definitely follow the same like others. But, we will fight  for and achieve our legitimate right guaranteed by our Constitution.

With respected regards,

M P Agnihotri