Denial of Pension Equity to Maj Gen and Equivalents

Thu, 17 December, 2009 11:20:30 AM
Subject: DENIAL OF EQUITY/ JUSTICE- PRE 2006 MAJ GEN EQIVS

Friends,
All of us have our own interpretations of the Vains judgement. We, however, have decided to go along with the legal interpretation provided to us by different lawyers- civil and military- as well as those officers who were closely associated with the lawyers through out the Vains case, regarding its applicability/ extension of logic and directions to our case. We are convinced of the logic for filing the suit now than later. In fact, since the issues are the same, arguments are the same and the class of affected people are the same, we believe that there is a very good chance of speedy success. Success here will bolster our case for the entire lot of ESM, which will definitely be filed later.

As for the Common Cause, we have had three meetings with them. Their constraints are that they can only fight the case with their own lawyers who work pro-bono for them (who will take long to fully understand all the nuances of the case) and that their case will necessarily include the Civ Govt Servants too - a very large number. Once that happens, the GoI is legally entitled to refuse to follow the SC directions on ground of financial non-viability; the only provision under which the GoI can reject SC directions. Our case must rest on the fact that the military is distinct from the civs and must be treated as such.

Having said the above, three points need to be reiterated;
a) Officers join of their own free volition. There is no compulsion.
b) The suit will only be filed if the required contributions are received.
c) If filed, it will be filed as a 'class action suit'. Officers are free to reap the benefits without contributing.

Maj Gen (Retd) PK Renjen, AVSM
Rajat Pandit, TNN 17 December 2009, 03:06am IST