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Monday, November 16, 2009
REVISION OF PENSION (PBORs) BASED ON THE REPORT OF GROUP OF MINISTERS - W.E.F. 1.1.1996 (BUT THE GOVT IMPLEMENTED W.E.F. 1.1.2006 AS CUT OFF-DATE TO PAY REVISED PENSION)
In a Writ Petition(Civil) by Gurmail Singh Dahdil & others(Petitioners) Vs Union of India & others (Respondents)(CWP nO.6223/07), BEFORE THE PUNJAB &HARYANA HIGH COURT, on Revision of Pension of the Recommendations of Group of Ministers - 1.1.2006 kept as cut off date to pay revised pension - Revision allowed on basis of anamoly which had arisen as on 1.1.1996 - Plea of financial constraints, it was HELD THAT, ONCE IN R/O PRE-1.1.1996 RETIREE PENSION WAS REQUIRED TO BE RE-DETERMINED WITH RESPECT TO MAXIMUM SCALE OF POST 1.1.96, CUT OFF DATE LOSES ITS REASONABLENESS. ONCE THERE WAS ANOMALY, PENSIONARY BENEFITS ARE PAYABLE FROM DATE OF CREATION OF ANOMALY AND THAT INTREPRETATION ALONE WILL SERVE PURPOSE AND OBJECT OF REMOVING ANOMALY. PLEASE OF FINANCIAL CONSTRAINTS HAS BEEN RAISED IN RESPECT OF LOWEST P[AID EMPLOYEES WHEN ALOL CATEGORIES OF EMPLOYEES HAVE BEEN GIVEN BENEFITS, SUCH DISCRIMINATORY TREATMENT IS WHOLLY ARBITRARY - CUT OFF DATE QUASHED ALONGWITH CLAUSE (9) OF CIRCULAR DATED 1.2.2006 (PARAS 8,11,15 AND 16).
All the Veteran Brothers may kindly and liesurely see/study the judgement of the case. Veteran Brothers, may please click here FOR COURT COPY , and Click here BLOG POSTING for the full text of the said judgement.