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Supreme Court decision
FOR INFORMATION OF ALL PENSIONERS
Forwarded as received:
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)
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 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
Govt.
Why no one has reacted to the judgement is surprising and perplexing.
Dear Pensioners!
Forward this message to a minimum of twenty people (non pensioners
too as citizens of India) on your contact list; and in turn ask each of
them to do likewise.
In three days, most people in India will have this message.

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