Hon Supreme Court has spelt out clearly that Govt should avoid litigations for the sake of litigation, in recent verdict in Civil Appeal No 1123 of 2019, Arising out of SLP(C) NO. 321 OF 2019 between State of Rajasthan and Ors. ... Appellants Versus Mahendra Nath Sharma ...Respondent and ors.
In this regard AIBPARC Gen Secretary has written a letter to the chairman IBA which is reproduced below.
Quote
The Chairman,
Indian Banks Association,
Mumbai.
Dear Sir,
We draw your kind attention to the Supreme Court Judgement delivered on 01.07.2019 in Civil Appeal No. 1123 of 2019 (Arising out of SLP (c) No. 321 of 2019). The judgement has 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 revised scale corresponding to the pre-revised scale. When pension is upheld to be a right and not a bounty, as a corollary to above, upgradation of pension is also a right and not a bounty. Because of the pre-enumerated on the above judgement and also those in the case laws like D.S. Nakara and others, the demand of upgradation of pension of retired employees in the banking industry should immediately be reconsidered by the IBA and Govt. of India.
We hope to hear from you at the earliest.
Thanking you,
Yours sincerely,
( S. R. SEN GUPTA )
GENERAL SECRETARY
Indian Banks Association,
Mumbai.
Dear Sir,
We draw your kind attention to the Supreme Court Judgement delivered on 01.07.2019 in Civil Appeal No. 1123 of 2019 (Arising out of SLP (c) No. 321 of 2019). The judgement has 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 revised scale corresponding to the pre-revised scale. When pension is upheld to be a right and not a bounty, as a corollary to above, upgradation of pension is also a right and not a bounty. Because of the pre-enumerated on the above judgement and also those in the case laws like D.S. Nakara and others, the demand of upgradation of pension of retired employees in the banking industry should immediately be reconsidered by the IBA and Govt. of India.
We hope to hear from you at the earliest.
Thanking you,
Yours sincerely,
( S. R. SEN GUPTA )
GENERAL SECRETARY
Unquote
(Source : AIBPARC website)
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