Referring to Mr Ramanathan's post, all that I can say is ,whatever
post-mortem examination we may do now of the SC judgment dated
31/3/2016 , we have to take the judgment as supreme.
If all the strong
points brought forth by Mr A S Ramanathan 's copious writings have
not been considered by the Supreme Court, then it only means that the
counsel have not brought forth these points before the SC
convincingly. Does it mean that the strong ideas have not reached the
appropriate quarters effectively?
Our discussions in meetings and writing reams of paper although
containing pertinent points will be of no avail unless the points
reach where they should.
We should also ponder over whether the focus has been given too much
on the validity of Sec 48 & Sec21, instead of the more fundamental
issue of violation of Articles 14 & 16 of the Constitution.
The fact of DR anomaly existing right from 1/11/1993 has not been
adequately stressed before the SC. This is the root of all anomalies
existing in our pension dispensation.
The fact of family pensions getting recoveries on account of LIC's
faulty method was unfortunately nowhere brought up before the SC.
The fact remains that we have failed legally to convince the Supreme
Court of the strengths in our case for removal of DR anomaly before
1/8/1997 and the case for upgradation.
In the circumstances it will be futile to fault the Apex Court.
Let us learn the lessons for fighting the case in the Delhi High
Court to obtain justice before 31/8/2016.
C H Mahadevan