TRUST SHALL NOT BE BETRAYED

 1))“TRUST SHALL NOT BE  BETRAYED” 

(7th Central Pay Commission has quoted in para – 1.29 of ” Foreword )” , 

a)the following observations of the Supreme Court in the case of Bhupendranath Hazarika and another Vs State of Assam and others (reported in 2013 (2) Sec 516).

“It should always be borne in mind that legitimate aspirations of the employees are not guillotined and a situation is not created where hopes end in despair………. A sense of calm sensibility and concerned sincerity should be reflected in every step. An atmosphere of trust has to prevail and when the employees are absolutely sure that their trust shall not be betrayed and they shall be treated with dignified fairness ; then only the concept of good governance can be concretized. We say no more.”

This exudes  optimism & demonstrates the vitality & virility of Justice to aid & assist Petitioners & litigants.

2)i)If Nakara 5 Judge Bench presided by Hon Justice YVChandrachud 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 , as was being demanded by the Govt, but effective date for OROP  same PayCommission  effective date , 1/1/2006,he ruled.

ii)) Date is an irrelevant factor when alteration in pension is made. The date of variation cannot be the basis of differential pension.

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.

iii) Aim should not be to wreck  Neutrality of Impartial benefits fairly commensurate in similar sectors to be an essential desideratum.

In our case,not only Miscarriage of justice but also Denial of justice have taken place, causing grievous hurt to aged pensioners.  The pathetic condition of a class of people arbitrarily alienated from the beneficial stream of pensioners due to delay, dither & not to comply with the judgement is sad and ,what  is arbitrary,   is unconstitutional .  Simply put, there cannot be a 1st class treatment for some & a 3rd class treatment for other similarly  circumstanced .

iv) Discrimination exists between old pensioners and new pensioners against no discrimination between old employees and new employees. Old employees also get benefit of revision by upgradation of pay along with new employees but old pensioners are not upgraded along with new retirees. Thereby when there remain no different grades in new and old employees in any class (I, II or III) different grades are created in old and new pensioners of each class I, II, III. This further creates discrimination in retirees of different dates also, in each class of retirees. 

v) that Non-revision of pension and Non-removal DR anomaly are violative of Article 14 & 16 of the Constitution  .Fundamental Rights of pensioners are not only abridged but thwarted in full, if PU not granted. Non-conferment of the benefit of the dearness relief keeping in view the Subsequent pay revisions of the similarly situated employees ,leads to disastrous effect and in a way allows room for absurdity by Juniors 6/7 steps below getting  more pension than the Seniors,without allowing the benefit of pay revisions, the employees retired after 1/8/1997 are also discriminated. 

vi)Human Rights violated, Elders & Sr Citizens disregarded, Fundamental Rights & Constitutional Provisions disrespected,Pension is always considered as a Property Right,  

 vii)When rigidity in present day circumstances of labour laws & flexibility, & more & more of welfare measures for all,    to think ,devoid of ethical considerations, so to say , if one has the audacity to  mention ,Wages also should   be the same, DA more than enough, takes care as per CPIndex,is queer & quixotic.

viii) viii) A life  with  dignity is  a right  of  every  individual  in  general,  more so for the  senior  citizens.  To  care  of  those  who  cared  for  us  is  one  of  the  highest honours.  To  further  the  objective  of  providing  a  dignified  life,  I  propose  to announce the  following  incentives for  senior  citizens: etc etc

-----FM Late Sri Jaitley during BUDGET SPEECH   1/2/2018

 3)Hon'ble Mr.Justice V.Gopala Gowda pronounced the judgment of the  SC Bench comprising His Lordship and Hon'bleMr.Justice C.Nagappan,

 

       ” When this Court decides questions of law, its decisions are, under Art. 141, binding on all courts within the territory of India, and so, it must be the constant endeavour and concern of this Court to introduce and maintain an element of certainty and continuity in the interpretation of law in the country. Frequent exercise by this Court of its power to review its earlier decisions on the ground that the view pressed before it later appears to the Court to be more reasonable, may incidentally tend to make law uncertain and introduce confusion which must be consistently avoided. ”   -SIGNIFICANT & at appropriate moments during Hearing,our Sr Counsel must reiterate this golden truth & pragmatism of SC observations & drive home the end result of Victory in Pensioners favour. 

4) i)The treatment meted out to Elders is far from satisfactory.It assumes many forms –apathy, indifference,neglect of their interest, welfare ignored, insensitivity of organizations & Government, lackadaisical attitude  to their genuine, modest & legitimate demands, lack of response  & inordinate delay in settlements.

 ii)Citizens  cannot be mute spectators  & silent sufferers of apathy & neglect, delay & disdain,& imposition of  draconian provisions subverting equity, law & justice to any & every citizen of this country.Institutions & State will run besmerk & sabotage citizens welfare ,progress & right to equality & liberty, the eyes & ears of our sacred Constitution.

The trusted canon of law is that ‘the relevance of justice lies only in its speedy & free delivery’.

iii)No one should receive undue favour and none should be subjected to arbitrary   discrimination or disadvantage in the circumstances that do not warrant a different  treatment.. It implies that the laws shall confer its equal protection to all persons situated  in like circumstances "

iv) In the larger interest of protecting and promoting sacred principle of  Equality and upholding Equity, Pension upgradation has to be given to ALL pensioners. Segregation is an undesirable concept,whatever the cause may be and rightfully,gladly, the same logic must be accepted

v) The fact of the matter is Constitutional propriety & remedy for any malady demands complete weeding out of Discrepancies. Discrimination & Anamolies from the Original Date of occurrence to  date of final Verdict or implementation & never partial or piecemeal or prospective. 

5) SC represents  ” no class, no caste, no majority, no minority”, asserted Hon former CJI Sri RMLodha. This unique thought beats even Abraham Lincoln’s definition of Democracy  as Govt “of the people, by the people, for the people” . SC cannot abdicate its sacred responsibility & under no circumstances act or deliver  a  judgement  as if it is a  “caged parrot  speaking in its Masters Voice ”

R.B.KISHORE,ED Retd,LIC,PATRON,RIEA CHENNAI,PATRON  AIRIEF