Dear friends,It is surprising that a land mark judgement delivered by the Supreme
Court of India on 01 07 2015, from Google Blog conveyed by Sri. V.Ramarao
THIS IS AN IMPORTANT
MESSAGE IN RETIRED BANKERS GOOGLE BLOG - 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.The pronouncement of the Court becomes law and any
deviation/non compliance attracts contempt of court. Why no one has reacted to
the judgement is surprising and perplexing
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