MY DEAR KK SHERI,
1)
HOW COULD ONE EXPECT THAT WITHOUT THIS CRUCIAL FUNDAMENTAL RIGHT TO EQUALITY, THE CASE IN SJ JAIPUR HC WOULD HAVE BEEN DECIDED. THIS IS THE THE CRUX, PIVOT & MAIN PLANK, U SEE HON'BLE JUSTICE BHANDARI ALSO HAS CERTAINLY MADE A CATEGORICAL REFERENCE TO SALIENT NAKARA JUDGEMENT PROVISIONS & CONCLUDES--
- "Perusal of aforesaid Paras reveals that there exists difference between introduction of new Scheme than the existing Scheme. In the light of the aforesaid, if the facts of this case are looked into, then it becomes clear that amongst the pensioners there exists discrimination more specifically when the pension has been made admissible to the employees who retired on or after 1.1.1986. In view of aforesaid, there can be no different basis for dearness allowance or other benefits to those retired on or before 31.7.1997. The existing pensioners are entitled for the benefit of dearness allowance with the same measure as is admissible to the pensioners on or after 31.7.1997. The discrimination amongst the pensioners on that count is not permissible and if there exists rule, making discrimination amongst the existing pensioners, it is held to be violative of Articles 14 & 16 of the Constitution of India."
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2) Earlier, Jaipur Single judge Hon'ble Bhandari in his order dt 12/1/2010 has observed as follows:-
“Learned counsel for petitioners has further submitted that there exists anomaly even in regard to the revision of the pay scale. The benefit of revision in the pay scale from time to time was not extended to the pensioners. In view of aforesaid, even an officer retiring in the higher pay scale started getting less pension than to the employee retiring subsequently in lower pay scale. Aforesaid aspect was also considered along with the first issue, by the Board in its meeting held on 24.11.2001.
Hon’ble Rajasthan High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners inter se. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
GREETINGS,
RBKISHORE
