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Tuesday, September 22, 2015

Latest SC judgment

I saw a reference to the above SC judgment in Sri Abubacker's comment in LICPC the Judgment was delivered by a Bench of Justice Dipak Misra and Justice Abhay Manohar Sapre in a case related to some lecturers, Librarians etc who retired prior to 1-1-2006. Rajasthan Govt. revised pay scales in 1988 but effective from 1-1-1986.   Similarly situated employees got the benefit from 1-1-1986.   But the petitioners were denied benefit of the revised pay scales as the Rajasthan Govt.issued a circular in 2008 restricting the benefit to those who were in active service on 31-8-2006.  

The SC judgment referred allowed the benefit.  In the course of the Judgment Nakara's case was discussed and quoted Justice Desai's opinion, importantly to quote " What is pension? What are the goals of pension? What Public interest or purpose, if any, it seeks to serve?  If it seeks to serve some public purpose is it thwarted by such artificial division of retirement pre and post a certain date?

To the plea of the State that the benefit would cause financial burden  (just 200-240 pensioners involved) the judgment reads " the state cannot take a plea of financial burden to deny the legitimate dues to the respondents"

Further it was made clear that :The benefit shall be extended to the respondents within a space of 3 months from to-day failing which the accrued sum shall carry interest of 9% p.a
till realisation"

T Sampath Iyengar