Hyderabad: A court of two High Court judges, including Judge V. Ramasubramanian and Judge Uma Devi, characterized the Singareni Collieries scheme known as the “voluntary pension scheme for health reasons” as unconstitutional for its employees As a means of perpetuating the succession, Two years before their retirement, so that they can pass the wand to their dependent.
The court considered a plea filed by a young unemployed man – Satish Kumar who challenged the scheme whereby an employee who had two years left and was medically unfit could opt for voluntary retirement and offer the work To their dependents.
A court of two judges of Hyderabad HC declared unconstitutional the plan of Singareni Collieries known as the “Voluntary pension for health reasons”
In his verdict, the court speaking through Ramasubramanian J. considered the plan that was raised in the High Court and distinguished it from the present and pointed out that the current regime in question was below the established tests By the court of apex.
The court noted that “it is very clear that the scheme aims to confer an advantage on people who are medically claimed unfit but who can serve either up to 58 years of age to pave the way for their ward to get appointments Or until age 60 in the event that the neighborhood is deemed medically unfit. Such a regime clearly offends Article 16 of the Constitution. “
The court also criticized him for being insensitive to gender issues and stated that he included only the son or son-in-law or the younger brother as beneficiaries. “No dependent woman can claim benefits under the scheme. Therefore, the system violates Articles 15 and 16 of the Constitution, “Jus.” Ramasubramanian said.
Another reason cited by the judges is that the contested regime also contravenes the provisions of the Disabled Persons Act 1995. The court added, “Placing all people with different disabilities in the same group and who will not be able to do so Underground business, also violates the principle of equality. In fact, if the scheme is an outright regime for the compassionate appointment of medically disabled employees, no differentiation could have been made between a dependent and a dependent or a normal person and a person with a disability different.
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In its 24-page verdict, the court also stated that another additional reason for setting aside the scheme would be that the plan keeps out of its scope adopted children, without taking into account societal obligations under the Act On juvenile justice.