SBI–Pension issue at a crossroad:


After Supreme Court of India’s decision to refer the Pension issue to New Delhi High Court on the 27th of the last month, there is a volley of queries and suggestions from all the quarters in regard to the necessary follow up in the matter. The Supreme Court has given four months time to New Delhi High Court to dispose off the case. Cases of, more or less, the same nature are pending before Kerala High Court and also Chennai High Court with varying stages and merits. There are opinions that the case be tried afresh by filing altogether a new petition. Some say that there should be more of a concentration on Kerala High Court, and there are some who look to Delhi High Court feasibly as a more convenient point from a follow up angle. There are yet some who prefer to wait and watch based on what has been ordered by the Supreme Court of India. In fact there is an apprehension that running from one court to another helter-skelter is all likely to result into a chaotic confusion landing the pensioners no where. Better would be for the present to wait for the outcome as from New Delhi High Court and further modus operandi in the matter can be decided depending on what finally emerges.

There are people like K.R. Saini and Raj Kumar Negi who are contributing their utmost in the matter of pension through this very blog of mine as they are duly permitted to contribute and exchange their views via their comments and fresh write-ups. There are several others who are doing much to lend their support on pensioners cause. The readers being mostly the retirees and the pensioners can very well depend on their views and advices. Necessary campaign on the issue warrants a concerted sort of a massive mobilisation from all the quarters, and it may elicit some fruitful outcome some day or the other.

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Author: neelkanth

Certainly not a celebrity but do have inquisitiveness to know things, realise them and live them to the extent possible. My interest in History, Art of Living and behavioural science is an element that inspires me.Am a poet,an author,a consultant, an advisor on computers and behavioural science.Served as Director in Central Board of State Bank of India.Remained associated with trade union activities and industrial relations as President,All India State Bank of India Staff Federation.Led a delegation on computers to several countries abroad number of times as from State Bank of India/ Banking Industry. Was twice accorded with NATIONAL AWARD FOR EXCELLENCE by All India Freelance Journalists Association, Chennai (India). My email address is: neelkanthshahi@gmail.com

38 thoughts on “SBI–Pension issue at a crossroad:”

  1. SIR, YOU HAVE VERY CORRECTLY SUMMARISED THE LATEST DEVELOPMENTS IN THE CASE OF PENSION ISSUE. I HAVE COME THROUGH A CIRCULAR DATED THE 4TH MARCH, 2013, ISSUED BY THE GENERAL SECRETARY, PENSIONERS’ FEDERATION, VIDE WHICH HE HAS ADVISED THE MEMBERS THAT THEY HAVE RECEIVED A NOTICE FROM SUPREME COURT LEGAL SERVICES COMMITTEE, DATED 16.02.2013, SOLICITING THE FEDERATION’S CONSENT FOR CONSIDERING THE PENSION CASE BY THE 7TH LOK ADALAT TO BE HELD IN APRIL THIS YEAR, KEEPING IN VIEW THE MERITS OF THE CASE. IF THE CASE IS TAKEN UP FOR CONSIDERATION BY THE 7TH LOK ADALAT EVEN AFTER THE TRANSFER OF WRIT PETITION TO DELHI HIGH COURT, THIS WOULD DEFINITELY BE A HEARTENING DEVELOPMENT. IN THAT EVENTUALITY, THE FEDERATION CAN PURSUE THE CASE MORE VIGOROUSLY AND THE PENSIONERS CAN STILL HOPE FOR A FAVOURABLE DECISION.

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    1. Yours is a nice feed back but the problem is that the jurisdiction of the Lok Adalat is only conciliatary in nature and it is hardly mandatory. Nothing, however, is wrong in testing it. My sincere thanks for the comment.

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  2. Sir , I feel we the pensioners must wait for four months time given by the supreme court and also should have vigorous close watch on the high court case ,and also the efficiency of Delhi High court to decide the case with in the fram work of time i.e. four months , and if we decide to file a fresh case , the cost of the case by lawyers fees will be much higher.and extra burden on the pensioners. In the old case filed in the year 2002 (eleven) 11 years ago by Smt Parvati Bagga and others in the Delhi High Court has not been dated for hearing for the last two years and now has been listed ion 18.04.2013.our lawyers did not appeared for the case as they have already taken the money from the pensioners association, and this is not fare.,. The lawyers and other associates have already got the money for Supreme Court case also and now what will be the cost for the Delhi High court transferred case from the supreme court case.I shall be thankful to you for the necessary efforts for the pensioners.Sh Vkmalhotraji has also given an alternative of 7th Lok Adalat ,please give your comments/suggestions.

    Raj Kumar Negi

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      1. I am unable to locate the error in my post as pointed out by you in regard to dates.. Please give details more specifically enabling me to correct it, if so needed.

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  3. This shows the pace with which our legal system work and they are not bothered about the inordinate delay in settiling the cases is this not a hyppocrisy?.The verysame people talk high about moral degradation and value systems of the society at large are they really concerned about the plight of senior citizens?.This mockery has to be stopped.

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  4. DEAR SHRI NEEL KANTH JI,I ADVISE THAT WITOUT READING THE EXACT VERDICT BY SUPREME COURT ON27-02-2013 I AM NOT ABLE TOCOMMENT EXACTLY .EVEN THEN I AM GOING TO COMMENT ON THE ALL COURT CASES PENNDING IN DIFFERENT COURTS.AS VYOU ARE AWARE THAT 10 DAYS HAS PASSED AND FULL JUDGEMENT IS NOT ON THE WEB SITE OF SUPREME COURT THEN HOW THIS CASE WILL BE DECIDED BY HIGH COURT IN 4 MONTHS AND I DOUBT IT WILL BE DECIDED IN 4 MONTHS.THE HEARING OF DELHI HIGH COURTCASE(WP(C)1931/2002) HAS STARTED ON 21-02-2013 THE COUNSEL OF PETIONERS ARGUED ON THE RELIANCE OF D;S NAKRA CASE AND V KASTURI CASE COURT DEMANDED SOME INFORMATION FROM PETIONERS AND RESPONDENTS YOU CAN SEE THE FULL DETAIL OF HEARING AS ON 21-02-2013 ON THE WEB SITE OF DELHI COURT .THIS CASE IS BEFORE ONE JUDGE ONLY AND NEXT DATE OF HEARING IS 18-04-2013.THIS CASE CAN BE DECIDED WITHIN 6 MONTHS.OUR MADRAS HIGH COURT CASE IS NOW PENDING BEFORE A BENCH AS GOVT HAS APPEALED THIS CASE IS ON FINAL VSTAGE AND CAN BE DECIDED WITHIN TWO MONTHS.FOR VDETAIL KINDLY READ THE WRITE UP DATED 5-03-2013 OF SHRI H.GANPATHY THIS CASE IF DECIDED BY BTHE HIGH COURT IN FAVOUR OF PETITIONERS THEN GOVT WILL MOVE TO SUPREME COURT.IT IS REVIEW PETITION IS PENDING IN MADRAS HIGH COURT .IT WILL AFFECT 7TH BIPARTITE RETIREES ONLY.OUR KERALA HIGH COURT CASE HASNOT STARTED YET DUE TO STAY BY THE COURT IT WILL START AFTER VACATING THE STAY.I AM OF THE VIEW THAT NOW EACH AND EVERY CASE SHOULD BE FOLLOWED BY OUR FEDERATION AFTER ENGAGING COMPETENT LAWERS. K.R SAINI

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  5. Sir Your this article is very much relevant depicting all the aspects of pension case. The comments made by all the readers like Malhotra JI, Negi Ji and others are very much useful as concerned with the subject very rightly. It seems clear that the case in various courts is in a concluding stage so needs strict follow up with full conviction and dedication. As I understand ultimately the order of the supreme court will prevail and the order by it is to dispose the case within 4months by the Delhi high court. So this aspects should be followed meticulously. We are hopeful that in your guidance the old lions of banking trade union movements shall emerge victorious as usual.

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  6. DEAR FRIENDS,OF LATE IT HAS BEEN OBSERVED BY ME NOT A SINGLE COURT CASE FOR THE LAST 25 YEARS WENT TO SUPREME COURT IN RESPECT OF SBI PENSIONERS DECIDED IN FAVOUR OF SBI PENSIONERS FIRSTBY ANY HIGH COURT.HOWEVER IN THIS MATTER OTHER BANKS PENSIONERS,LIC PENSIONERS AND RBI PENSIONERS ARE PROACTIVE,OTHER BANKS PENSIONERS ACHIEVED FROM THE VERDICT OF SUPREME COUT 5 YEARS WEIGHTAGE FOR PENSION UNDER REGULATION 29(5) OF PENSION REGULATIONS 1995 FOR OTHER BAnks.in case of LIC and rbi pension updation cases ARE PENDING IN SUPREME COURT. K.R SAINI

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  7. GENRALLY SERVICE MATTERS-RETIRAL BENEFITS COURT CASES, AT THE INITIAL STAGES ARE HEARD BY A SINGLE JUDGE OF HIGH COURT AND IF SINGLE JUDGE GIVE VERDICT IN FAVOUR OF PETIONERS(PENSIONERS) THEN GOVERNMENT FILE APPEAL IN THE HIGH COURTS AGAINST THE JUDGEMENT AND IS HEARD BEFORE A BENCH OF HIGH COURT AND IF HIGH COURT UP HELD THE DECISION OF ITS HIGH COURT.DECISION EVEN THEN THE GOVERNMENT IS NOT IMPLEMENTED THE VERDICT AND PENSIONERS HAVE TO GO TO SUPREME COURT OF INDIA.IN THIS CONTEXT I AM GOING TO COMMENT SBI PENSIONERS COURT CASES.OUR DELHI HIGH COURT CASE FILED BY 7 PETITIONERS ON 18-03-2002 IS HEARD BY A SINGLE JUDGE OF DELHI HIGH COURT AFTER 12 YEARS.DURING THIS PERIOD OF 12 YEARS 4 PETITIONERS HAVE DIED.ONLY GOD KNOWS WHEN THIS CASE WILL BE DECIDED. OUR MADRAS HIGH COURT CASE WAS FILED IN 2001 BY SBI VRS RETIREES AFTER 12 YEARS IT IS NOW HEARD BY A BENCH OF HIGH COURT.DURING THIS PERIOD ABOUT 30% PENSIONERS HAVE DIED(ESTIMATE) ONLY 7TH BIPARTITE RETIREES..OUR KERALA HIGH COURT CASE WAS FILED IN 2003 AT PPRESENT DECIDED BY ONE JUDGE ONLY AND IT HAS NOT BEEN HEARD DUE TO SUPREME COURT CASE AS GOVERNMENT OBTAINED THE STAY ORDER.NOW IT WILL START AFTER FILING SUPREME COURT JUDGEMENT DATED 27-02-2013.K.R SAINI

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    1. You have given a gloomy but correct picture of what is currently obtaining on pension front. What else is the via media excepting the struggle through courts is the question. It requires a serious thought, but in any case the pensioners may have to remain optimistic instead of getting demoralised, and that is the key point behind every movement.

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  8. DEAR SHRI NEELKANTH JI,EVERY CLOUD A SILVER LINING,IN THIS WRITE UP I REITERATE THE TWO JUDGEMENTS IN FAVOUR OF SBI PENSIONERS,MADRAS HIGH COURT JUDGEMENT DATED 16-10-2008 AND KERALA HIGH COURT JUDGEMENT DATED 14-09-2010 BOTH THE VERDICTS BY A DIFFERENT SINGLE JUDGE OF DIFFERENT HIGH COURTS.IT IS LEARNT THAT GOVERNMENT OF INDIA APPEALED IN BOTH THE HIGH COURTS.FIRST OF I DISCUSS THE MADRAS HIGH COURT JUDGEMENT. DURING THE HEARING BEFORE THE SINGLE JUDGE,AFTER AN ELBORATE ARGUMENTS BY THE COUNSEL FOR THE PETITIONERS,AS THE COUNSEL FOR GOVT DID NOT WHISPER ANY THING ON THE PETITION,THEW BANK FINALLY TOOK UP A STAND THAT THEIR PROPOSALS ON 19-04-2006 TO GOVERNMENT OF INDIA FOR AMENDING PROVISIONS OF RULE 23(2) AND RULE 23(6) FOR REVISING THE PENSION AND DEARNESS RELIEF FOR 7TH AND 8TH BIPARTITE RETIREES APPLYING 50%/40% FORMULA ARE STILL PENDING BEFORE THE GOVT FOR APPROVAL AND ON RECEIPT OF APPROVAL THEY WILL BE ABLE TO REVISE THE PENSION.THE SINGLE JUDGE ON THE STENGTH OF THE ABOVE PROPOSAL PASSED AN ORDER IN OCTOBER 2008 DIRECTING GOVERNMENT OF INDIA TO CONSIDER AND APPROVE THE ABOVE PROPOSAL WITIN THREE MONTHS.AFTERWARDS GOVT DID NOT IMPLEMENTED THE VERDICT AND FILE AN APPEAL AGAIST THE VERDICT .THIS APPEAL OF GOVT IS NOW HEARD BY A NBENCH OF HIGH COURT AND THIS APPEAL IS IN THE FINAL STAGE OF ARGUMENTS.HERE I REQUEST THAT OUR PENSIONERS FEDERATION SHOULD FOLLOW THIS CASE PROPERLY BY ENGAGING COMPETENT LAWERS.THIS WRITE UP IS BECOMING LENGTHY THEREFORE I WILL WRITE ON KERALA HIGH COURT VERDICT TOMORROW KINDLY BEAR WITH ME. K.R SAINI

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  9. THANKS FOR YOUR PROMPT AND SINCERE COMMENT ON MY WRITE UP.IN THIS CONNECTION I ADVISE THAT OUR FEDERATION IS IN KNOWLEDGE OF ALL COURTS DEVELOPMENTS.THE PURPOSE OF MY WRITE UP IS THAT ANY READER OR YOUR SELF USE YOUR GOOD OFFICES TO TAKE UP THE MATTER WITH PENSIONERS FEDERATION.K.R SAINI

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  10. DEAR SHRI NEELKANTH JI,IN THIS WRITE UP I WILL DISCUSS OUR SUPREME COURT CASE NO184/2011 AS NOW ORDER DATED 27-02-2013 IS AVAILABLE ON THE WEB SITE OF SUPREME COURT OF INDIA. SO FAR I UNDERSTAND FROM THE ORDER OUR CASE IS TRANSFERED TO DELHI HIGH COURT DUE TO THREE REASONS–(1) THIS CASE WAS FILED UNDER ARTICLE 32 WHICH DEAL FOR FUNDAMENTAL RIGHTS AND PENSION ARISES FROM SERVICE CONDITIONS AND PENSION IS NOT A FUNDAMENTAL RIGHT.(2)OUR FEDERATION HAD FILED A SIMILAR CASE NO 529/2000 WITH SUPREME COURT LATER WITHDRAW THE CASE ON 16-10-2000 AND NOW FILED THROUGH 7 PETITIONERS ON 18-03-2002 WHICH CASE I HAVE ALREADY EXPLAINED IN YOUR BLOG ”A CURSRY LOOK ON PENSION IN STATE BANK OF INDIA” (3)THIS REASON ARISES FROM ARTICLE 139A(1)- SUPREME COURT HAS POWER TO TRANFER THE CASE TO HIGH COURT WHERE CASE INVOLVING THE SAME OR SUBSTANTIALLY THE SAME QUESTIONS OF LAW IS PENDING WITH HIGH COURT..AS YOU ARE AWARE WRIT PETITION 1931/2002 IS PEDING IN DELHI HIGH COURT.KINDLY SUBMIT YOUR COMMENTS ON THIS WRITE UP.K.R SANI.

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    1. Thank you for a rich feed back so provided by you. It forms a usable statistics to be used purposefully. I have made a note of the particulars you have enumerated in your comment.

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  11. KINDLY NOTE THAT THE SUPREME COURT TRANFER THE VWRIT PETITION PAPERS TO DELHI HIGH COURT AND REQUEST THE LEARNED CHIEF JUSTICE TO ASSIGN THE WRIT PETITION BEFORE A BENCH OF HIS CHOICE FOR EARLY DISPOSAL OF THE MATTER AT ANY RATE WITH IN THE OUTER LIMIT OF SIX MONTHS FROM THE DATE OF RECEIPT OF THE RECORDS. K.R SAINI

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  12. Since our pension problem is pending in more than one High Court the SBI PenFed could plead at the different High Courts to transfer the cases to Delhi High Court considering the order of the Supreme Court and the common/similar pleadings at the different High Courts and Delhi High Court may also be requested suitably.SBI PenFed may have to implead itself at the other High Courts to get the process moving.Since the GOI has specifically and categorically stated that it would not accept any further revision of SBI pensions, Lok Adalat may not be a useful/appropropiate forum at this stage. Sujoy Ghosh

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  13. DEAR GHOSH,MADRAS HIGH COURT AND KERALA HIGH COURT CASES ARE FOR REVISION OF PENSION OF 7TH BIPARTITE RETIREES WITH 50%/40% FORMULA BUT DELHI HIGH COURT AND SUPREME COURT CASE S ARE FOR 50% TO PENSIONERS.K.R SAINI

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  14. DEAR SHRI HARDYAL SINGH JI,KINDLY GO THROUGH THE JUDGEMENT DATED 27-02-2013.IT IS CLEAR THAT OUR FEDERATION HAD FILED THIS CASE UNDER ARTICLE 32 READ THE FIRST LINE OF THE JUDGEMENT WHICH STARTS WITH ARTICLE 32 .SUPREME COURT WHILE DECIDEDING THIS CASE HAS QUOTED TWO PREVIOUS SIMILAR JUGEMENTS WHICH CAME TO SUPREME COURT UNDER ARTICLE 32 AND HAD BEEN TRANSFERRED TO HIGH COURT(S).AS YOU ARE AWARE PENSION IS NOT A FUNDAMENTAL RIGHT AND PENSION ARISES FRO M SERVICE CONDITIONS.MOREOVER KIDLY READ ARTICLE 139A(1) OF THE CONSTITUTION.THEN YOU UNDERSTAND THE WHOLE JUDGEMENT OF SUPREME COURT.K.R SAINI

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  15. DEAR SHRI NEELKANTH JI,IT APPEARS THAT YOUR BLOG”A CURSORY LOOK ON PENSION IN SBI” HAS BLOCKED FOR RECEIVING REPLY .THEREFORE I HAVE GIVEN A REPLY TO SHRI HARDAYAL SINGH IN THIS BLOG.KINDLY FORWARD THE REPLY TO SHRI HARDAYAL SINGH UNDER CONFIRMATION TO ME.NOW I WILL DISCUSS THE KERALA HIGH COURT CASE IN FAVOUR OF SBI PENSIONERS.THIS JUDGEMENT IS ALSO BY ONE JUDGE AND IT IS LEARNT THAT GOVT OF INDIA HAS APPEALED AGAINST THIS JUDGEMENT AND OBTAIN STAY ORDER DUE TO PENDINNG CASE IN SUPREME COURT .NOW SUPREME COUT CASE HAS DECIDED ON 27-02-2013 AND PETITIOERS WILL OBTAIN VACATION OF STAY ORDER AND HEARING OF APPEAL WILL BE STARTED IN DUE COURSE.THIS CASE IS VERY INTRESTING. AFTER HEARING THE ARGUMENTS OF PETIONERS AND RESPONDENT.THE SINGLE JUDGE SAID”I AM PRIMA FACIA OF OPINION THAT THE EMPLOYEES OF STATE BANK OF INDIA SHOULD BE PAID PENSION UNIFORMLY THAT TOO IN ACCORDENCE WITH RULE23(1) OF STATE BANK OF INDIA EMPLOYEES PENSION FUND RULES AS IT EXISTS PRESENT.BUT IF PENDING FINALISATION OF THE AMENDMENTS TO THE RULES THE STATE BANK OFINDIA DECIDE TO GIVE AN AD-HOC PAYMENT OF INCREASED PENSION THEN THAT HAS TO BE MADE APPLICABLE TO ALL RMPLOYEES OF THESTATE BANK OF INDIA INCLUDING THE PETIONERS IRRESPECTIVE OF ANY CUT OF DATE ON THE BASIS OF DATES OF RETIREMENT THAT IS MATTER TO BE DECIDED BY SBI OTERWISE RECOVER THE INCREASED PAYMENT OF PENSION FROM THE CONCERNED EMPLOYEES ”THIS IS WP(C)27929 OF 2003 DECIDED ON 14-09-2010. K.R SAINI

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    1. Message addressed to *hardayal singh *hardayalsingh@live.com is since returned as failed. May be his mail address is faulty. You can also try his address as given above.

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  16. The Kerala High Court judgement high lights the anomaly,discrepancy,injustice and inequity.Conjoining this with Delhi High Court would only strengthen our case and supplement our petition in the transfer of the case to Delhi High Court.And the Madras High Court case?What does it relate to?All related cases on pension of SBI would give us a final disposal,isspaar or usspaar.Let us not close our minds to various legal options at this stage which is probably the once and for all stage.Let us not adopt any adverserial or animous attitude towards the 7th.BPs.All of us are interested in a uniform,equitable and fair to all,pensioners decision Sujoy Ghosh

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  17. The Supreme Court after hearing the case more than twenty two months, transferred it to Delhi High Court and the time frame is Six months and not four months. The detailed decision of The Supreme Court is now available on the Supreme Court web sight ,It appears that our Fed Senior Lawyer is different from the Senior lawyer already advised., I think this also has effected the decision. Rest what Mr.Saini has narrated is correct.but we should have the faith in the God ,and should accept the verdict.

    Raj Kumar Negi,

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  18. DEAR SHRI NEELKANTH JI & NEGI JI,EVERY COURT CASE DECISON DEPENDS ON THE ARGUMENTS OF PETITIONERS’ LAWERS.HERE I HAVE TO POINT OUT THAT THE PENSIONERS ARE NO LONGER EMPLOYEES OF SBI AND THEY ARE NOW PUBLIC AND SUPREME COURT HAVE ADMITTED AND DISPOSED OFF.NOW QUESTION ARISES WHY SUPREME COURT DID NOT TREAT THE CASE AS SPECIAL LEAVE PETITION.WHY PETITIONERS’ LAWERS REFER TO A WRIT PETITION NO305 OF 1987 DECIDED ON 23-02-1989 WAS ALSO FILED UNDER ARTCLE 32 BY IMPERIAL BANK OF INDIA PENSIONERS’ ASSOCIATION BY ITS SECRETARY SHRI C.L KAPOOR &OTHERS V/S CHAIRMAN STATE BANK OF INDIA &OTHERS.THE SUPREME COURT DECIDED THE CASE IN FAVOUR OF SBI PENSIONERS AND HAD DECIDED THE MAXIMUM PENSION SHALL NOT EXCEED ONE-HALF OF THE AVERAGE MONTHLY SUBSTANTIVE SALARY DRAWN DURING THE LAST TWELVE MOINTHS PENSIONABLE SERVICE OR RS2400/ PER MONTH WHICHEVER IS LESS.EARLIER PENSION LINIT WAS RS750/RS1000.. K.R SAINI

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  19. One of the prima facie observations of the Hon’ble Judge in the case pending in the Delhi High Court,subject to further process,is that there should not be a classification between pensioners,because pensioners form a group as a whole…why one set of pensioners cannot be discriminated against other set of pensioners,especially because of the fact that the living conditions and requirements of all pensioners have to be same and the constititional goal has to be met of a socialistic State.The Hon’ble Judge has called for some particulars for the next date of 18.04.2013.Thus efforts are to be made for clubbing our case transerred to Delhi High Court with that of WP(C)1931/2002 which can be accessed through the Supreme Court website or directly.Let us put our shoulders together to get a uniform decision equally beneficial to all pensioners past , present and future.Sujoy Ghosh

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