Writ petition

First my highest regards to your Father for his sheer Age.

It is very difficult to convince elderly persons.

Please understand, the increased pension at 20%, 30% etc., is to be given FROM 80 years, 85 years etc.

What I uderstood from your post is given below. (Correct me if I am wrong).

The point raised by you is that, instead of giving the higher pension when your father GETS into 90th year, they are giving the higher pension only after ATTAINING 95 years. Thus, delaying the higher pension for about a year.

But, your understanding in this aspect is clearly incorrect.

Let me give a small example.  Suppose a child is born on 1.1.2018.  Can we say that the child is 1 year old, as it is in is FIRST YEAR from the day of its birth?  Certainly NOT.  But on 1.1.2019, we will say that the child is ONE YEAR old.  So, it is only on attaining the age one is said to be of that particular age and not before.

Once this basic point is understood, I think your father's grievance would vanish.  But, as  I said at the beginning, once the elderly persons form a view, it is very very difficult to erase that view from their ming and to convince them that their understanding is wrong.

Relate with DOB as in service record, and age as explained above.

If his grievances are related to the attaining of certain age alone, then the reply given by learned Advocate Mr. Ramachandran seems to be convincing, hence I feel there is nothing more to be added to that.

Thanks a lot for the response from your good selves. Special Thank you from my Daddy to Mr. Ramchandran, who read your detailed reply. Now coming to the attaining age, I would like to state as under. As asked his DOB is 15-09-1923. He retired on 14.09.1981at completing the age of 58 years & even received the pay for 14 days of September 1981. (But now the law is that, he would retire on 30.09.1981) Learned & Honorable members of the 6th pay commission while advising on old age additional pension stated that - when a pensioner attains the age of 80 (to start with the argument & subsequent every 5 years) he start incurring more care & money & so he should be given the rise in pension @ 20-30-40-50 & 100% accordingly. The learned members very well knew what they mean by attaining and not completing the age as mentioned. This was accepted by the government & got the benifit at attaining age of 80 years of 20% rise. (Sorry for omitting 80 years - 20% in my preliminary quote.) Again at attaining age 85 he got the rise of 30%. But attaining 90 years of age (as earlier in the case of attaining 80 & 85) he was denied his dues every five years as quoted by the learned Honorable members of 6th pay commission, but was paid 40% after completing 90 years i.e. @attaining 91 years. Here the natural law of justice is not followed of every 5 years as mentioned in the 6th pay commission report duely accepted by the government. Again to let you know that why he was denied was because Central Administrative Tribunal (CAT) gave a ruling that attaining means completing the age as per Indian Railways, as Indian Railways while appointing a person states that a person will be retired at attaining age of 58 years and that person retires on completion of the age of 58 and not attaining the age. Thus this was applicable to him also. But again this has to be applied to the persons having that kind of appointment letter, which my father has not received while he was appointed in the Indian Railways (earlier which was BCC&I please forgive me if the name differs a bit) and if at all the authorities if proves that they have the copy (or original) of that letter of appointment he will not ask for his dues. Now I request you all learned advocates to Please see the details point by point furnished by me and advise accordingly and oblige.