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Saturday, January 16, 2016

RK VISWANATHAN


Differential treatment in fixing pension unfair: So said the Apex court in the Kalakurichi taluk retd officers association case (9-8-1989)

As we are nearing for the hopeful final SC court hearing termed as the day of deliverance I was pedaling into some past cases which went in favour of pensioners and stumbled on the above case and was tempted to mention that here to refresh one’s memory although it may appear to be unnecessary at this juncture.

The apex court ruled that in fixing pension no differential treatment can be made among the employees who retired in different periods while taking into consideration their dearness pay. The apex court said that there was no valid justification for the GOI to have classified pensioners similarly situated as appellants as inflation would have the same effect on all pensioners whether they retired before or after a certain period. The purpose of adding the component of ‘dearness pay ‘to wages for calculating pension is to offset the effect of inflation and therefore the classification in the impugned order placing employees at a disadvantage vis-à-vis employees who retired prior thereto by allowing them a lower component ‘dearness pay ‘is clearly arbitrary, discriminatory and violative of Article 14 of the Constitution.

The inappropriate calculation of the 20 % DR arrears where the victims are the pre- AUGUST retirees needs to be sorted out on 20 JANUARY on the ethical grounds when the hearing in the SC is resumed.

As Shri ASR in the chorus with others has given us lot hopes for a positive result the need of the hour is alertness, hectic preparation, last but not the least synergy of mind and effort.

R.K.Viswanathan