The Hindu : New Delhi News : Supreme Court upholds order granting parity in pension

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Sunday, Dec 09, 2007
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Supreme Court upholds order granting parity in pension

J. Venkatesan

New Delhi: The Supreme Court on Friday upheld a Madras High Court order directing removal of anomalies and granting parity in pension to those who retired after 1998 and those who retired during 1996-1997.

A Bench of Justice Ashok Bhan and Justice D.K. Jain dismissed a special leave petition filed by the Chennai Port Trust, challenging the High Court order dated June 14, 2006.

The All India Federation of Port and Dock Pensioners’ Association and others moved the High Court seeking direction to the Port Trust and the Centre to grant the benefit of consolidation of pension to members of the Association who retired before and after 1998.

Higher benefit

They contended that the effect of wage settlement would be that retirees prior to January 1, 1997/1998 would get higher benefit than those who retired after January 1, 1998. A single judge of the High Court granted interim relief and a Division Bench confirmed the single judge’s order.

The SLP is directed against this order.

The Chennai Port Trust contended that the directions of the High Court were contrary to the settled law that final relief sought for in the writ petition should not ordinarily be granted as an interim measure.

It said that time and again the apex court had deprecated the practice of granting interim orders, which would practically give the main relief sought in the petition.

Financial burden

If the order was given effect to it would result in a financial burden of crores of rupees.

Further if the main writ petition was dismissed it would be difficult for the Port Trust to recover the amount from the employees, the SLP said, and sought quashing of the impugned order.

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