PENSION IS A MATTER OF RIGHT BUT NOT A BOUNTY

Bhawan Dad Ahuja Message 

BETTER someone locally should have taken up this matter in the capacity as an ADVOCATE but inspite of my repeated posts no tangible results were found. I am settled abroad and am qualified "fly in and fly out Advocate" enrolled under the Indian Advocates Act, 1961" an Indian Attorney & Counselor at Law, Legal Consultant Licensed by the Supreme Court of the State of New York - Advocate - Supreme Court of India. 

I seek volunteers from those who are the affected parties for collection of information in filing of documentation in the court but preferably Advocates, no matter experienced or not, to make this noble cause possible to succeed in the court of law. 

Your cooperation will be greatly appreciated and you will be blessed by dearest veterans who are being deprived of their legitimate legal constitutional rights and they are seniors, sufferers, retirees at old age when they need funds and those funds which        
                                                                                 Bhagwan Dass Ahuja, MA LLB LLM Esq                       Indian Attorney & Counselor at Law,                               Legal Consultant Licensed by the                                  Supreme Court of the State of New York -                      Advocate Supreme Court of India                                                          

Email: bhagwandassahujaesq@yahoo.com

He further writes that 

PENSION IS A MATTER OF RIGHT BUT NOT A BOUNTY OF THE BANK OR THE STATE - 

PLEASE READ THE CONTENTS OF JUDGMENT OF THE SUPREME COURT OF INDIA:

THIS IS AN IMPORTANT MESSAGE IN RETIRED BANKERS GOOGLE BLOG

Dear friends,

It is surprising that a land mark judgment delivered by the Supreme Court of India on 01 07 2015, Civil Appeal no. 1123 of 2015 has gone unnoticed and except for a brief letter from Shri S R Sen Gupta to IBA, no other union has taken any steps. The salient features of the judgement:

1. The bench has authoritatively ruled that Pension is a right and the payment of it does not depend upon the discretion of the Government. Pension is governed by rules and a Government Servant coming within those rules is entitled to claim pension.

2. The judgement has recognized that the revision of pension and revision of pay scales are INSEPARABLE.

3. The bench has 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.

4. The government CANNOT take a plea of financial burden to deny legitimate dues of the pensioners.

5. The Government SHOULD AVOID unwarranted litigation and not to encourage any litigation for the sake of litigation.

6. When pension is upheld to be a right and NOT A BOUNTY, as a corollary to the averment that revision of pension and revision of pay scales are INSEPARABLE, upgradation of pension is also a RIGHT AND NOT A BOUNTY.

THE JUDGEMENT IS BASED ON THE DECISION ON D S NAKARA CASE.

The judgement is very clear and I wonder how no one has noticed the important aspects and why no one has taken up the matter with the Govt.

Why no one has reacted to the judgement is surprising and perplexing