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Dkshin Haryana Bijli Vitran Nigam & Ors vs Bachan Singh on 30 July, 2009

10. With the above backdrop of the ratio decidendi (supra), applicants, who were in position on 1.1.1986 when IV Central Pay Commissions recommendations and subsequent OM of 1.5.1987 had come into being and before new Pension Scheme of 1986 has been introduced by the Government w.e.f. 1.1.1986 the respondents have not deemed applicants on adoption of the OM ibid as a pensioner, is a continuing cause of action, which is recurring and a decision taken in 2000 when not communicated to the applicants, the issue of option if not found to be noted to the employees not to be deemed as circulated as ruled by the Apex Court in Dakshin Haryana Bijlivitran Nigam v. Bachan Singh, 2009 (10) SCALE 293. A Fundamental Right of grant of pension does not attract limitation. Moreover, on an inaction, the Government is precluded from raising hyper technical plea to defeat the rightful claim of applicants, as such the case being good on merit and the order passed in 2000 since been reiterated to the applicants in 2007, we do not find the objection raised by the respondents as apt in law. Accordingly, the objection stands overruled.
Supreme Court of India Cites 8 - Cited by 238 - D Bhandari - Full Document
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