A 2-JUDGE BENCH DELIVERS JUDGMENT AGAINST 'SPIRIT' OF NAKARA JUDGMENT

Bolt from the Blue......

for the National Insurance VRS Pensioners

A 2-Judge Bench of SC delivers retrograde Judgment against the spirit of Nakara Judgment delivered by the 5-Judge Bench of the same SC in 1982.

A blow to Article 14.....

"The employees who had opted under the Scheme (VRS) had not retired as per the normal conditions of service but had retired under the Scheme upon taking some special additional benefits. In normal circumstances when an employee retires from service, his relationship with the employer comes to an end. The employees who retired under the Scheme form a separate class of employees who were given many benefits, which are not given to employees retiring in normal course."

In the Nakara Judgment, the 5Judges unanimously delivered that "there can not be a Sub-Class within a class of Pensioners who are governed by the same Scheme".

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