GOVERNMENT OF INDIA (GOI) plea that the pension rules are uniform for both the Insurance and Banking industry and therefore any change to benefit the pensioners in the Insurance industry would have a ripple effect in the Banking industry is their domestic problem and cannot be mixed with the legal issues which has been the outcome of obnoxious pension rules negating the fundamental rights of the pensioners besides creating different classes within the same class of pensioners.
Herein is an extract of the letter dated 17-7-2010 addressed to Shri Pranab Mukergee by the illustrious Justice V.R.Krishna Iyer :- “ May I disclose to you the pathetic condition of a class of people arbitrarily alienated for the beneficial stream of pensioners in the LIC . What is arbitrary is unconstitutional as a Constitution Bench has held in SC in Menaka Gandhi case ( Menaka Gandhi v/s. UOI AIR 1978 SC 597 ) Here is a case of arbitrariness which I dare say has been overlooked by your ministry and must be set right once it is discovered. LIC pensioners are one integral group and cannot be divided into different classes."
- The present posture of GOI is to disregard the court verdict, pooh-pooh the court judgments and drag on the suits as long as they can having known that they have very meek defense and their SLP is going to be their Waterloo.
- However much they rely upon their executive powers, whether Judiciary or Executive is supreme will be a litmus test and let us wait and see the result.
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WHEN SLP ? THAT'S THE CONFUSION... |