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  • Thursday, 3 April 2014

    CONTEMPT PETITION FACES THE RAIN OF ADJOURNMENTS

    The contempt petition No.158/2012 filed by pre-2006 pensioners for the Non-implementation of CAT PB judgement  in OA 655/2010, even after the dismissal  of appeals for  the same by Delhi High Court & Supreme Court, came up hearing on 03/04/2014.Since the the UOI consel was absent the hearing is adjourned to 30/04/2014.

    2 comments :

    1. G.Gopalan,Fomer Dy.Secy.,CSIR,N.Delhi14 April 2014 at 00:21

      Subject:Contempt Petition 158/2012,before Principal Bench of C.A.T.Delhi.

      The whole matter needs to be viewed in the context of the Apex court's landmark
      Judgement in the case of D.S.Nakara and others Vs The Union of India.Some
      portions relevant to the case are the following:
      Para 14- "Article 14 strikes at arbitrariness because any action that is arbitrary must necessarily involve negation of equality". ------- one such proposition is that
      Article 14 is certainly affected where equals are treated differently without any reasonable basis.
      Para 15- " The fundamental principle is that Article 14 forbids class legislation but
      permits reasonable classification for the purpose of leggislation which classification must satisfy the twin tests of classification being founded on intelligible differential which distinguishes persons or things that are grouped together from those that are left out of the group and that must have a rational nexus to the object sought to be achieved by the state in question".
      Para 20- -----------"Pension is a right and the payment of it does not depend upon the decision of the Government but is governed by the rules and the government servant coming within these rules is entitled to claim pension.It was further held that the grant of pension does not depend upon anyone's discretion".
      Para 35- With this background let us now turn to the challenge posed in this petition.The challenge is not as to the validity of the pension liberalization scheme.The scheme is wholly acceptable to the Petitioners,nay they are ardent supporters of it.The petitioners' challenge are admissible to those who retired from service after a certain date,in other words,they challenge that scheme must be uniformly enforced with regard to all pensioners for the purpose of computation of pension irrespective of the date when the Government servant retired subject to the only condition that he was governed by the 1972 Rules.No doubt the benefit of the scheme will be available from the specified date which the concerned Governmet servant actually retired from service."
      The Union of India is obviously trying to establish that the courts are infringing on their rights to fix varying cut-off dates at their discretion.They seem to be anxious and desperate in their vain attempt to nullify the effect of the said Apex court's judgement for all times to come i.e allowing them to play with their own unprincipled stand,a dangerous step which needs to be nipped in the bud.
      U.O.I. don't seem to realize that what is due and payable has accrued to a pensioner by virtue of rules by which he is governed.The benefit flow out of application of rules.The Govt. has appropriated his funds illegally and refusing to pay from the date of accrual.His funds stand blocked and penal interest should also be made payable for the period retained and unpaid.
      In the aforesaid context the executive has to learn its lessons.The memorandum of 28.1.2013 is the subject matter of the contempt petition.This memorandum and the earlier one dt.24.9.2012 should be quashed with a direction to settle the dues of petitioners immediately along with penal interest at the discretion of the C.A.T.There is no room for arrogance to subsist.
      The relationship between the pensioner and the Government is one of status.There is no question of master and servant relationship.They have to be treated with dignity and respect.


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    2. Thank you sir for your comment with valid points

      ReplyDelete