Sunday, October 18, 2015


---------- Forwarded message ----------
From: pushpinder harsh

Mr Dushyant Dave, President of Supreme Court Bar Association has said that all 21 Lawyers of the SCBA are ready to represent the Veterans in SC on OROP Pro- Bono (Pro-Bono means without cost to the applicant)

Dear friends,
It is surprising that a land mark judgement delivered by the Supreme Court of India on 01 07 2015, Civil Appeal no. 1123 of 2015 has gone unnoticed and except for a brief letter from Shri S R Sen Gupta to IBA, no other union has taken any steps. The salient features of the judgement: 
1. The bench has authoritatively ruled that Pension is a right and the payment of it does not depend upon the discretion of the Government. Pension is governed by rules and a Government Servant coming within those rules is entitled to claim pension. 
2.The judgement has recognised that the revision of pension and revision of pay scales are INSEPARABLE. 
3.The bench has reiterated that on revision the Basic pension cannot be less than 50% of the Basic Pension in the minimum of the Pay Band in the revised scale corresponding to the pre-revised scale. 
4.The government CANNOT take a plea of financial burden to deny legitimate dues of the pensioners. 
5.The Government SHOULD AVOID unwarranted litigation and not to encourage any litigation for the sake of litigation.6. When pension is upheld to be a right and NOT A BOUNTY, as a corollary to the averment that revision of pension and revision of pay scales are INSEPARABLE, upgradation of pension is also a RIGHT AND NOT A BOUNTY.THE JUDGEMENT IS BASED ON THE DECISION ON D S NAKARA CASE. 
The above details are available in the latest issue of Canara Bank Retired Officer's Association Circular no 3/2016 dated 1st August 2015. 
The judgement is very clear and I wonder how no one has noticed the important aspects and why no one has taken up the matter with the IBA/Govt. 
Why no one has reacted to the judgement is surprising and perplexing. 
While agitation is on why can't we take recourse to court also as Supreme Court advocates are offering their services. One ruling by SC that govt can't deny pension for lack of funds regarding OROP every year and VRS case.

(Source- Via GP E-mail) 

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