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Monday, March 28, 2016

Points To Ponder by MV VENUGOPALAN


Sri Venugopalan has lucidly analysed the various aspects confronting us in the pension case. I would like to add a few more points for consideration:

1. Sec..21 is a general provision and Sec.48 is a special provision. In case of conflict between the two special provision will take precedence.
 

2. If an unconstitutional act is done invoking Sec.48, only that act can be declared void by courts and not the entire Section 48.
 

3. DS Nakara judgement should be viewed in the context in which it was delivered. The point in dispute in that case was the the Central Government Civil Services Pension Rules were amended from 1-4-1979 liberalising the rules for fixing the quantum of basic pension and the liberal provision was applied prospectively in respect of those retired on or after 1-4-1979 and denied to earlier retirees. 

The court held that if in an ongoing pension scheme the rules are amended conferring greater benefits to pensioners, then the benefits should be extended to all pensioners - past.present and future and not restricted to future only. It should be seen as to what extent that judgement will fit into our case.

T. Lakshminarayanan