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Contempt of supreme court

(Querist) 07 March 2017 This query is : Resolved 
Dear Sirs,

I draw your kind attention to Supreme Court 5 judge constitutional bench judgment in 1982 in D S Nakra & others Vs Union of India - copy attached

1. Highlight of this judgment is that "all retirees are one class under Article 14, 15 and 21 of Constitution, they cannot be divided based on date of joining and date of retirement and any new benefit given at a later date should be extended to all previous retirees to maintain integrity.

2. Is this constitutional provision is applicable to retirees of Central Public Sector Enterprises also as they are also Central Government employees (Quasi Govt)?

3. Department of Public Enterprises, Government of India, vide their letter No W-0001/2017-DPE(WC) dated 9th February 2017 (copy attached) says that retirees of Central Public Sector Enterprises are divided into distinct two groups based on their retirement (01-01-2007) - First group people who are going to retire after 01-01-2007 gets pension and post retirement medical benefits and second group people retired before 01-01-2007 will not get that benefit.

4. Is this not breach of 1982 judgement of Supreme Court?

5. Can I file a Contempt of Supreme Court case to get justice?

warm regarads
M Rangarajan
retired group general manager (ONGC)
B 2-301, Sriram Spandhana,
Challaghatta,
Bangalore -5600037
mobile: 9945091581
email: rangajan1@gmail.com
rajeev sharma (Expert) 09 March 2017
Your question requires appreciation of various facts ranging from service rules and terms of your employment to the law as interpreted by courts it is not possible to give any advice on the basis facts narrated by yoy\u
R.K Nanda (Expert) 09 March 2017
you can file writ petition in SC against said letter dt. 9/2/17 of govt.
Rajendra K Goyal (Expert) 09 March 2017
Agree with the expert rajeev sharma.
rajeev sharma (Expert) 09 March 2017
Thanks Mr. Goyal
Guest (Expert) 09 March 2017
Agreed with Madam RK Goyal
krishna mohan (Expert) 22 March 2017
You may send representation based on cited judgment to Dept. of Public Enterprise either individually or collectively by affected people and based on their written response you may decide further course of action. Normally contempt of court is invoked by the person(s) on whom the decree is awarded. But it is worth making an effort based on the above cited case law with the guidance of legal expert specialized on service matters.
Ms.Usha Kapoor (Expert) 14 June 2018
I Agree with Rajeev Sharma


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