The applicant’s date of birth is admittedly 1.1.1956 and thus relying on the ratio of law laid down by the Hon’ble Apex Court in S. Banerjee (supra), he is deemed to have retired from service on 1.1.2016. Hence, he is entitled for getting all his pensionary benefits in accordance with the 7th Central Pay Commission’s recommendations. Central Administrative Tribunal Principal Bench New Delhi OA No.571/2017 Order Pronounced on:17.04.2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS.DATED :16.08.2017 W.P.No.15107/2016 -W.P.No.13159/2016 REGADING INCREMENT-CONFIRMED BY SC
*A very important judgement which will affect all of us: forwarding-social-media-posts-equal-to-endorsing-it-madras-hc-denies-anticipatory-bail
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :16.08.2017 Regarding notional increment to those who completed full one year at the time of retirement.
THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 694 OF 2015 Shiva Kant Jha…. Petitioner(s)Versus Union of India …. Respondent(s) JUDGMENT
Land mark judgement delivered by the Supreme Court of India on 01 07 2015,
Civil Appeal no. 1123 of 2015 State of Rajasthan vs Mahendera Nath Sharma
The salient features of the judgement:
- 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 recognised 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 Pay in the minimum of the Pay Band in the revised
scale corresponding to the pre-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.
- 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, upgradation of pension is also a RIGHT AND NOT A BOUNTY.
THE JUDGEMENT IS BASED ON THE DECISION ON D S NAKARA CASE.
The judgement is very clear
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 way most people in India will have this message.
This is one idea that really should be passed around..Let the entire
population know the fallacies available Pensioners.
Er S C Maheshwari
Secy Genl BPS