Supreme Court has passed judgment on 14-08-2013 declaring pension and pensionary benefits as property which cannot be withheld by an executive order.(C A No 6771 of 2013, SLP(C) No 1428 of 2009). But Department of Telecommunication while implementing 50% IDA merger amounting to 78.2% merger from 1-1-2007 as per 2nd Pay Review Committee Order to the Pensioners are not paying the pension arrears from 1-1-2007 to 10-06-2013 (Date of issue of the order) and also the Pensionary benefits (increased Gratuity, leave encashment etc). Thus they are withholding a large amount of due pension and pensionary benefits. My querry is :
1) Can I appeal directly to the supreme court against the action of DoT or I have to file it before Central administrative Tribunal and then to proceed to SC step by step.
2) If I get a favourable Judgement will it be applied to all other Pensioners also ? If no then,
3) If the case is filed by registered pensioner welfare Association and a favourable judgement comes, will all members of Assn will get the benefit OR
4) Whether all pensioner have to file collectively ?
Kindly provide expert opinions to guide us.
Regards
A K Gupta
Kolkata
