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Wednesday, August 03, 2016

Pradeepkumar's dissertation on Para 3(A)

3 Aug 16, 03:11 PM

JM Aboobucker: Mr Pradeep Kumar's long dissertation on Para 3(A) is thought provoking. After reading his article I feel that impugned Para 3(A) itself cannot be called unconstitutional since this rule only brought uniform DR rate abolishing the 4 slab DE. Uniform DR rate prevailing before this Amendment. 

So instead of calling the whole Para 3(A) unconstitutional, we can amend our objection only to the restrictive portion conferring this BENEFIT ONLY TO A PARTICULAR GROUP LEAVING THE OTHERS TO LURCH. 

Thus our objection should be to the creation of CUT OFF date as 1-8-1997 instead of allowing the benefit to the ENTIRE PENSIONERS AS A CLASS. The outright objection to Para3(A) will be detrimental to our interest.