Implications of SC judgment on pension
Implications of the Supreme Court verdict in CIVIL APPEAL NO. 1123 OF 2015 [Arising out of SLP(C) NO. 321 OF 2015]
The most recent judgment delivered on 1/7/2015 on pension.
The judgment has been delivered by the Bench headed by Hon’ble Justice Deepak Misra who has displayed a good comprehension of pension case laws including the landmark judgment in D S Nakra case and who is heading the Bench hearing the Civil Appeals in our cases.
The judgment has also recognized that revision of pension and revision of pay scales are inseparable.
It has also 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 pre-revised scale.
When pension is upheld to be a right and not a bounty, as a corollary to 3 above, upgradation of pension is also a right and not a bounty.
Because the principles enumerated in the above judgment and also those in case laws like D S Nakra & others are not followed by LIC while implementing the LIC Pension Rules, 1995, a plethora of anomalies have arisen and imposed prolonged injustice on LIC pensioners right from the date the Rules became effective.
C H Mahadevan
Source: licpensionerscalicut.blogspot.in/ http://licpensionerscalicut.blogspot.in/