17 July 2021

Supreme Court's decision - सुप्रीम कोर्ट ऑफ़ इंडिया फैसला

 Supreme Court's decision - सुप्रीम कोर्ट ऑफ़ इंडिया फैसला


 Supreme Court's decision

 _______


 For information of all pensioners

 dear friends,

 It is surprising that a landmark judgment delivered by the Supreme Court of India on 01 07 2015, Civil Appeal No.  1123 of 2015 went unnoticed and no other association has taken any action, except in a short letter from Mr. S. R. Sen Gupta to IBA.  Key features of the verdict:

 1. The Bench has officially ruled that pension is a right and its payment does not depend on the discretion of the government.  Pension is governed by rules and a government employee falling within those rules is entitled to claim pension.

 2. The judgment has held that revision of pension and revision of pay scale are inseparable.

 3. The bench reiterated that the basic pension on revision cannot be less than 50% of the basic pension in the minimum pay band in the revised pay scale as per the pre-revised pay scale.

 4. The government cannot take the plea of ​​financial burden for denying the legitimate dues of pensioners.

 5. The government should avoid unfair litigation and should not encourage any litigation for the sake of litigation.

 6. When pension is treated as a right and not a reward, as a consequence of the presumption that revision of pension and revision of pay scales are inseparable, upgradation of pension is also a right and not a reward.

 The decision is based on the judgment on DS Nakara case.

 The decision is very clear and I wonder how no one paid attention to the important aspects and why no one took up the matter with the government.

 Why no one reacted to the verdict is surprising and astonishing.


 Dear Pensioners!

 Forward this message to at least twenty people (non-pensioner also as citizens of India) in your contact list;  And in turn ask each of them to do the same.

 In three days, most people in India will have this message.

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