The Supreme Court's judgement (1982) in D.S. Nakara and others v/s Union of India is perhaps, the first ever historic judgement in the annals of different courts in India in regard to the welfare of Pensioners. The Apex court's observations have been repeatedly mentioned in almost all pensioners' pleas, petitions filed in different courts. The Apex court, inter alia, had observed, "The pensioners form a homogeneous group and cannot be discriminated on the basis of a cut off date or on the basis of date of retirement. Such a discrimination is void and violative of Article 14 of the Constitution of India..."
The Apex court has held that " Pension is statutory, legally enforceable right of pensioners and pension should be revised, fixed not entirely dissimilar to the salaries of serving employees."
To put it in a nut shell : the pension should be revised, re-fixed whenever there is a change in the salary - on account of revision of scales of pay or dearness allowance (relief) of serving employees
The Rajasthan (Jaipur Bench) High Court's judgement in Krishna Murari Lal Asthana and others v/s LIC delivered by the Hon. Justice Shri M.N. Bhandari four years ago on 12 January 2010 is perhaps the next historic judgement caring for the genuinely aggrieved pensioners. The Judgement has set a clear cut road map for well-being of LIC pensioners, past, present and future encompassed.
It is now known to all that the Hon. Justice Shri R.S.Chauhan of Rajsthan High Court is explicitly appreciative of the fact that LIC has been given more than sufficient space and time. In all probability, the Hon. Justice would hear both sides for a while on 22 January 2014 and pronounce/deliver the ' final ' judgement in the matter on the same day or in couple of days.
The Supreme Court has not "stayed" the directions given by the Learned Single Judge vide his order dated 12-01-2010 and hence, the Hon. Justice Shri Chauhan may, without mincing any words for 'contempt' or giving scope/permission to LIC to appeal, order to implement forthwith, in toto, the "directions" given by Hon.Justice Shri Bhandari, vide order dated 12-01-2010.
[ In 'toto' : For details-please read Shri H.K.Aggarwal 's Jaipur Judgement - 5th Anniversary Today - posted by the Editor in LICPC on 12-01-2014]
- The ensuing judgement dated...... January 2014 of Rajasthan High Court (Jaipur Bench) is also going to be historic, the best of its kind, for LIC retirees / pensioners. The judgement not only be hailed as historic but also set - be a "Precedent" to all pension related cases of pensioners of RBI, banks, financial institutions etc. pending in various courts for quick disposal, redress and relief.
SN (a 1992 Pensioner)