Supreme Court Order or Higher Pension | Pension Payment Order by Supreme Court | EPS 95 Pension
Supreme Court Decision
FOR INFORMATION OF ALL PENSIONERS
It is surprising that a land mark judgement delivered by the Supreme Court of India on 01.07.2015, Civil Appeal no. 1123 of 2015 has gone unnoticed and except for a brief letter from Shri S R Sen Gupta to IBA, no other union has taken any steps.
The salient features of the judgement as below:
1. The bench has authoritatively ruled that Pension is a right and the payment of it does not depend upon the discretion of the Government. Pension is governed by rules and a Government Servant coming within those rules is entitled to claim pension.
2. The judgement has recognized that the revision of pension and revision of pay scales are INSEPARABLE.
3. The bench has reiterated that on revision the Basic pension cannot be less than 50% of the Basic Pension in the minimum of the Pay Band in the revised scale corresponding to the per-revised scale.
4. The government CANNOT take a plea of financial burden to deny legitimate dues of the pensioners.
5. The Government SHOULD AVOID unwarranted litigation and not to encourage any litigation for the sake of litigation.
6. When pension is upheld to be a right and NOT A BOUNTY, as a corollary to the averment that revision of pension and revision of pay scales are INSEPARABLE, up-gradation of pension is also a RIGHT AND NOT A BOUNTY.
THE JUDGEMENT IS BASED ON THE DECISION ON D S NAKARA CASE.
CLICK HERE TO DOWNLOAD SUPREME COURT ORDER COPY
The judgement is very clear and I wonder how no one has noticed the important aspects and why no one has taken up the matter with the Govt.
Why no one has reacted to the judgement is surprising and perplexing.
Dear Pensioners
Forward this msg to a minimum of twenty people (non pensioners too as citizens of India) on your contact list; and in turn ask each of them to do likewise.
This message is shared for Pensioners Information only based on supreme court delivered judgement on 01.07.2015
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