“As To The Directive Of Hon’ble The Supreme Court Of India To Employers / Ex-Employers In India To Provide “That Much Quantum Of Pension TO THEIR PENSIONERS” ”As Would Enable Them To Lead A Decent Standard Of Life” “And At A Standard Equivalent To The Pre-Retirement Level” Etc..Etc..
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Upon Taking Another Reading Of The Judgement Of Hon’ble The Supreme Court Of India, In Nakara’s Case, I Thought That The Following Content In The Same Case Will Also Be Useful To The Matters Of LIC Pensioners For Updation Of Their Pensions Before Hon’ble The Supreme Court Of India, And Accordingly I Am Sending This Information, So That If They Think That The Following Information Is Useful To Them, They May Accordingly Take Note Of It.
The Following Content At Para 30 Of The Judgement Of Hon’ble The Supreme Court Of India In Nakara’s Case Reads As Under:
“The Discernible Purpose Thus Underlying A Pension Scheme Or A Statute Introducing The Pension Scheme”, “Must Inform Interpretative Process” “And Accordingly It Should Receive A Liberal Construction” “And The Courts May Not So Interpret Such Statute As To Render Them Inane”.
(See American Jurisprudence, 2d.881).
The Content Of This Para Of The Judgement Of Hon’ble The Supreme Court Of India In Nakara’s Case Can Be Read Out And Explained To Hon’ble The Supreme Court Of India—
1.“If Either The Government Of India”—
2.”Or The LIC Of India”, Tries At The Time Of Hearing To Rely On—
“PETTY TECHNICALITIES”
Apart From That, I Find That The Following Content To-Wards The End Of Para 33 Of The Judgement Of Hon’ble The Supreme Court Of India In Nakara’s Case, Which Speaks Of Taking Care Of The Interests Of The Pensioners Who Are In Advanced Ages / Stages Of Life Is Also Equally Important And It Reads As Under:
“The Old Age Overtakes Each One, Death Being The Fulfillment Of Life, Providing Freedom From Bondage. But Here, Socialism Aims At Providing An Economic Security To Those, “Who Have Rendered Unto Society What They Were Capable Of Doing When They Were Fully Equipped With Their Mental And Physical Prowess”. In The Fall of Life, “The State” Shall Ensure To the Citizens---
1. “A REASONABLY DECENT STANDARD OF LIFE”-
2.”MEDICAL AID”.
3.”FREEDOM FROM WANT”
4. ”FREEDOM FROM FEAR”.
5.”AND THE ENJOYABLE LEISURE”
6.”RELIEVING THE BOREDOM”
7.”AND THE HUMILITY OF DEPENDENCE IN OLD AGE”.
This Is What Article 41 Aims, When It Enjoins The State—
1.”To Secure Public Assistance In Old Age”
2.”Sickness”
3.”And Disablement”.
It Was Such A Socialist State, The Preamble Directs The Centres Of Power—
1. Legislature
2. Executive And
3. Judiciary—
To Strive To Set Up.