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Saturday, May 09, 2015

SUPREME COURT ORDER

DEAR ALL,

The Supreme Court order  is no doubt disappointing to the large fraternity of pensioners, but the silver lining in the cloud is that the Apex Court has recognised the importance of the issue of enhancement of pension as is evidenced by its order to list the CAs for hearing between items 1 to 5 in the hearing list on 23/9/2015.

Considering the trend of the Supreme Court ordering interim relief only to the respondent employees (original petitioners), I feel it is high time that the AIRIEF considered the desirability and necessity of getting itself impleaded in the CAs in the Supreme Court so that benefits - if and when ordered by the Apex Court - will be guaranteed for all the eligible pensioners. This  step of course will have to weigh the possibility of the legal processes involved and the time element in carrying on the litigation that may entail further delay.

But if  all the three Civil Appeals are decided in favour of the  pensioner-petitioners, the 'in rem'  principle adopted in the Delhi HC  judgment should come to the rescue of pensioners at large. However, legal experts may be able to enlighten us in the matter.

With greetings,

C H Mahadevan