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Sunday, 16 July 2017

Re: A MILLION DOLLAR QUESTION. - updation of pension.??

Dear Shri Aggarwal,
I have uploaded the DS Nakara SC Judgement dated 17.12.1982 on my blog.
I have also uploaded extract of page 8 to 10 of the judgement which discusses the issues raised.
D S Nakara case is not applicable in regard to updation of Pension.
It was only with regard to liberalised rules with regard to computation of pension from a prospective date for employees retiring from a specified date.
Suppose, if LIC decides to pay full pension after 20 years of service or changes the formula for arriving at the average basic pay for last 10 months or the last pay drawn whichever is higher from a  prospective date, then the pension of all previous pensioners would have to be recomputed from that date without arrears as per DS Nakara case.
This is the essence of DS Nakara judgement.
Please go through the said SC Judgement.
In my opinion we do not have a case for updation.
The SC cannot reconstruct the LIC Pension Rules,1995 to provide for upgradation of pension with each wage revision.
Central Government employees are getting increase in Pension on account of CPCs' recommendations.and employees capacity to bargain.
With regards,
RK Sahni.
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