AIBDPA TN
Status of pension validation case in Supreme Court
Comrades,
yesterday, on 1st July, 26, com G.L.Jogi, Com Anupam Kaul, DGS/ AIBSNL PWA, Com Ishwar Singh Das, AGS/ NCCPA and Com Mudgil , GS/ MREWA met Sh Vishal Singh, Senior Counsel Supreme Court and MS Kajal Gupta her Junior Counsel at their Chambers in Defence Colony at 1700 hrs*
Sh Vishal Singh joined us after quite some time since he was busy in Court and reached late*
When asked why WP filed by NCCPA Challenging Validation Act, 25, was clubbed with WP of S 30, he informed that Validation Act, 25, was invoked by U.O.I to deny Pension Revision to S 30 Pensioners in Delhi High Court while a Contempt case was heard by Delhi High Court and the S 30 were asked to challenge it before Supreme Court*
Thus, in essence, while Validation Act, 25, has been invoked by U.O.I to deny Pension Revision to S 30, S 29 and other similarly placed Pensioners, Writ Petition filed by NCCPA was naturally clubbed with WPs filed by these Pensioners Associations since the relief sought is identical*
Whether WP filed by NCCPA has directly challenged the Constitutional Validity of the Act on the grounds that is is violative of Article 14 of the Constitution, Mr Vishal Singh that Constitutional Validity has not been challenged directly since Govt. has not directly invoked Article 14 of the Constitution.
Government has surreptiously invoked Validation Act, 25, to deny Pension Revision to S 30, of which Article 14 is a proviso. Thus Article 14 has been indirectly challenged since it is Part of the Validation Act (being proviso of the act). Thus, as such, Validation Act could not been directly challenged on the grounds that it is Violative of the Basic Structure of the Constitution since Article 14 has been invoked in a very clandestine manner in the Validation Act, 25*
After having discussion on other related Aspects, Sh Vishal Singh informed that on 25th Aug, 26, the matter is listed on the top of the Board for final disposal and will surely be heard. Yes, on being asked whether WP filed by NCCPA has been admitted, MS Kajal Gupta informed yes it has since been admitted and notice has been issued to U.O.I*
MS Kajal Gupta informed that site of Suupreme Court does get updated for a long time and that the reason that Site shows WP pending for admission. However, on logging in yesterday the site of Supreme Court, Status of WP is updated and Notice issued is mentioned on the site of Supreme Court*
Leaders expressed our thanks to both Mr Vishal Singh and MS Kajal Gupta for sparing their time to apprise us of latest developments relating to WP filed by NCCPA.
Discussion lasted for about 45 minutes and main interaction took place with MS Kajal Gupta who is handing the case and is very thoroughly apprised of the whole issue in its totality*
The meeting was arranged by Com Jayaraj, Officiating SG/ NCCPA.
R.Rajasekar
CS AIBDPA TN
2.6.26
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