Thursday, June 26, 2014

Indian Army launches Army Veterans Grievance




Indian Army launches Army Veterans Grievance Handling Portal New Delhi, June 5 (IBNS): The Indian Army on Thursday launched the 'Army Veterans Grievance Handling (AVGH) Portal', an initiative that would enable the large fraternity of veterans and their dependants, to take up their grievances with the concerned agencies at the click of a button.Developed and designed by National Informatics Centre (NIC) Ltd, this internet based web portal is among one of the several initiatives undertaken by the Indian Army to reach out to its veterans and 'Veer Naris' in recent times. With an unique User ID and Password, a veteran can login at his /her convenience, and refer to a host of policy letters / regulations to educate himself on the latest entitlements and benefits. 
In his message, the Chief of Army Staff reiterated that the welfare of veterans and Veer Naris is an important key result area and with the fielding of this portal, the ease of interaction and resolution of issues will be greatly enhanced. 
This portal enables veterans from across the country to follow up their petitions with the concerned offices in a near real timeframe.  The portal incorporates an automated response feature, which through an e-mail or SMS keeps the veteran nformed about the progress of his case.The AVGH portal will contribute immensely in meeting the needs and aspirations of the veterans  and their dependants. The portal and can be  accessed at   www.indianarmyveterans.gov.in
- See more at: http://indiablooms.com/ibns_new/news-details/N/1785/indian-army-launches-army-veterans-grievance-handling-portal.html#sthash.ZmDYsEXf.dpuf
Urgent help   families of martyrs from armed forces 
Dear Sir,
 I hope this e-mail finds you in good health. We are looking for case studies of families of martyrs from armed forces who are still running from pillar to post for compensation or promised govt. help.
 We at Times Now have initiated a campaign for such families. Kindly help with contacts of such families anywhere in India if you are aware of the same.
 I would appreciate your help.
 Warm regards

 Aditya Raj Kaul
 Correspondent, Times Now New Delhi


Please send such cases to sanjha morcha email ID--
sanjhamorcha2009@gmail.com

FLASH NEWS


Interesting

 
 
 


Restoration of commuted portion of pension in 12 years:

Restoration of commuted value of pension in 12 years: Commutation value in respect of employee superannuating at the age of 60 years between 1.1.1996 & 31.12.2005 and commuting a portion of pension within a period of one year would be equal to 9.81 years Purchase. After adding thereto a further period of two years for recovery of interest in terms of observation of Supreme Court in their judgment in writ petitions No 395-61 of 1983 decided in December 1986. It would be reasonable to restore commuted portion of pension in 12 years instead of present 15 years. In case of Person superannuating at the age of 60 years after 31.12.2005 and seeking commutation within a year, numbers of purchase years have been further reduced to 8.194. Also the mortality rate of 60 plus Indians has considerably reduced ever since Supreme Court judgment in 1986. And the life expectancy stands at 69 years now.

Refund Excess Recovery of Commuted Pension by the Govt
As per extant rules, commuted pension is restored after 15 years after the Govt makes full recovery of the commuted amount with interest. This period of 15 years is arbitrary, hypothetical and without any mathematical basis. Calculations show that the recovery exceeds much more than the dues.
Retirees between 1986 and 1995
The age of retirement during that period was 58 years. This category of retirees have all completed the prescribed period of 15 years for restoration of pension. Since 1.3.1971 and until 31.12.2005, the Commutation Factor (CF) was 10.46 for the 59 year old (age next birth day) retirees and the officially prescribed rate of interest was 4.75% p.a. Commutation allowed was 1/3rd of the basic pay. The basic pension of Secretaries who superannuated between 1.1.86 and 31.12.95 at the top of their pay scale (Rs. 8,000) was fixed at Rs.4, 000 and the commuted portion of their pension was Rs.1, 67,318 with a deduction of Rs.1,333 per month. The principal amount of Rs. 1,67,318 was fully recovered in 10.46 years [10.46 x 12 x 1333 = 1,67,318].
·         If we consider the prescribed interest rate of 4.75% p.a. as simple interest, the total interest works out to Rs.36,250. This is recoverable in 2.27 years [36250/1333 = 27.2 months or 2.27 years]. Thus, total recovery period of the commuted amount works out to 10.46 + 2.27 = 12.73 years. Even after full recovery, the pensioner kept on paying for 15 – 12.73 = 2.27 years. Thus, excess recovery = 2.27 x 12 x 1333 = Rs.36,311.
·         If we consider the prescribed interest rate of 4.75% p.a. as compound interest, the total interest works out to Rs.54,750. This is recoverable in 3.42 years [54750/1333 = 41.07 months or 3.42 years]. Thus, total recovery period of the commuted amount is = 10.46 + 3.42 = 13.88 years. Even after full recovery, the pensioner kept on paying for 15 – 13.88 = 1.12 years. Thus, excess recovery = 1.12 x 12 x 1333 = Rs.17,916.
Retirees between 1996 and 2005
 The age of retirement was raised to 60 years after the 5th Central Pay Commission (CPC). Permissible commutation was also raised to 40% of the basic pay. Those who retired between 1996 and 1998 have already completed the prescribed period of 15 years for restoration of pension. Since 1.3.1971 and until 31.12.2005, the Commutation Factor (CF) was 9.81 for the 61 year old (age next birth day) retirees and the officially prescribed rate of interest was 4.75% p.a. Secretaries  who superannuated between 1.1.96 and 31.12.05 at the top of their pay scale (Rs.26,000), were sanctioned commuted pension amount of Rs.9,18,216 with a deduction of Rs.7,800 per month. The principal amount of Rs.9,18,216 is fully recovered in 9.81 years [9.81 x 12 x 7800 = 9,18,216].
·         If we consider the prescribed interest rate of 4.75% p.a. as simple interest, the total interest works out to Rs.2,12,114. This is recoverable in 2.27 years [212114/7800 = 27.2 months or 2.27 years]. Thus, total recovery period of the commuted amount works out to 9.81 + 2.27 = 12.08 years. Even after full recovery, the pensioner keeps on paying for 15 – 12.08 = 2.92 years. Thus, excess recovery = 2.92 x 12 x 7800 = Rs.2,73,312.
·         If we consider the prescribed interest rate of 4.75% p.a. as compound interest, the total interest works out to Rs.3,20,367. This is recoverable in 3.42 years [320367/7800 = 41.07 months or 3.42 years]. Thus, total recovery period of the commuted amount is = 9.81 + 3.42 = 13.23 years. Even after full recovery, the pensioner keeps on paying for 15 – 13.23 = 1.77 years. Thus, excess recovery = 1.77 x 12 x 7800 = Rs.1,65,672.
 Retirees from 2006 Onwards
 The age of retirement continues to be 60 years. After the 6th CPC, since 1.1.06, the Commutation Factor (CF) has been downgraded from 9.81 to 8.194 for the 61 year old (age next birth day) retirees, thereby reducing the commuted amount by a whopping 16.5% !!! On top of that, the prescribed rate of interest has been enhanced from 4.75% to 8% p.a. which is an astronomical jump of 68% even in this low interest regime!!! The basic pension of Secretaries who superannuated on or after 1.1.06 at the top of their pay scale (Rs.80,000) was fixed at Rs.40,000. Their commuted pension amount is Rs.15,73,248 with a deduction of Rs.16,000 per month. As per the old CF of 9.81, they would have been entitled to a commuted sum of Rs.18,83,520. Thus, there is a huge drop of Rs.3,10,272 !!! The currently sanctioned principal amount of Rs.15,73,248 is fully recovered in 8.194 years [8.194 x 12 x 16000 = 15,73,248].
·         If we consider the prescribed interest rate of 8% p.a. as simple interest, the total interest works out to Rs.5,10,417. This is recoverable in 2.66 years [510417/16000 = 31.9 months or 2.66 years]. Thus, total recovery period of the commuted amount is = 8.194 + 2.66 = 10.85 years. Even after full recovery, the pensioner keeps on paying for 15 – 10.85 = 4.15 years. Thus, excess recovery = 4.15 x 12 x 16000 = Rs.7,96,800.
·         If we consider the prescribed interest rate of 8% p.a. as compound interest, the total interest works out to Rs.9,93,007. This is recoverable in 5.17 years [993007/16000 = 62.06 months or 5.17 years]. Thus, total recovery period of the commuted amount is = 8.194 + 5.17 = 13.37 years. Even after full recovery, the pensioner keeps on paying for 15 – 13.37 = 1.63 years. Thus, excess recovery = 1.63 x 12 x 16000 = Rs.3,12,960.

The above calculations are only illustrative, applicable to retired Secretary rank officers who retired on or after 1.1.86 at the top of their pay scale and their pension was fixed at the maximum. Calculations can be made similarly for other cases and the results would tally.
We may point out that the interest charged on various Govt. advances like House Building Advance, Car Advance, Festival Advance, Marriage Advance etc. is simple interest and not compound. Applying the same policy, the commuted amount of pension was fully recovered with interest in 12.73 years in case of 1st category of retirees (who retired between 1986 and 1995), in 12.08 years in case of 2nd category of retirees (who retired between 1996 and 2005) and in 10.85 years in case of 3rd category of retirees who retired in 2006 or afterThere is no justification for the Govt. to recover anything more than what it has advanced to the retirees.
Logical Recovery Period

The Govt. should be moved to rectify this wrong and modify the period of restoration of commuted pension as under:-
 1st category of retirees (who retired between 1986 and 1995): They have already repaid the entire amount with interest. The excess amount recovered should be refunded to them with the same rate of interest as was charged from them for recovery (i.e. 4.75% p.a.).
·         The same policy should be adopted towards those who retired before 1986. Similar calculations can be done in their case.
 
  1. 2nd category of retirees (who retired between 1996 and 2005): Those who retired 15 years ago have already repaid the entire amount with interest. The excess amount recovered should be refunded to them with the same rate of interest, i.e. 4.75% p.a. For others, the recovery should be stopped and full pension should be restored after completion of 12.08 years.
  2. 3rd category of retirees who retired in 2006 or after: The recovery should be stopped and full pension should be restored after completion of 10.85 years.
Status of the Cases of Pre 2006 Pensioners in various Courts: As on 01.05.2014
STATUS OF THE CASES OF PRE 2006 PENSIONERS IN VARIOUS COURTS : AS ON 01..05.2014.
COMPILED BY M. L. KANAUJIA, IRSSE / Chief Communication Engineer, N.E. Railway, (Rtd.) 
Item HEARD BY PETITIONNO. & YEAR LEAD PETITIONER NEXTDATE FIXED FORHEARING REMARKS IN BRIEF
1 CAT-PB Delhi OA 1165 / 2011 Pratap Narain & Ors Vs. MOP/DOP 23.05.14 SCPC Recommendations in respect of pensioners, who retired prior to 1.1.2006, was accepted and approved by the Union Cabinet, vide MOP(DOP&PW) Resolution dated 29.08.2008 but while implementing, revisedpension was wrongly reduced even where qqualifying service was more than 20 years. This petition prays for refixation of pension at full rate where qualifying service happens to be more than 20 years, exactly as per Resolution dated 29.08.2008.UOI filed an affidavit on 15.04.14. A Counter to this would be filed soon.
2 CAT-PB Delhi OA 2165 / 2011 KR Srinivasan & Ors Vs. MOP/flOP 23.05.14 Same as for item 1 above.
3 CAT-PB Delhi OA 247 of 2012 17 Petitioners 23.05.14 Same as for item 1 above.
4 Lucknow HC Ser.Ben.203 / 2010 s29 UP Officers Second week of May'14 The case is for modified parity i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pensioner had retired, in terms of Resolution dated 29.08.08, effective 1.1.2006. Heard on 16.4.14 but UOI Advocate sought time, which wasgranted.
5 Delhi HC WP(C)3359/ 2010 Ex.Para Military (s29,s26) Association Vs UOI 14.08.14 The case is for modified parity i.e. revision of pension at 50% of sum of minimum of the pay in the pay band plus the grade pay corresponding to the pre revised pay scale from which a pension had retired, in terms of Resolution dated 29.08.08, effective 1.1.2006. Bench did not assemble on 6.3.14.
6 Supreme Court ContemptPetition (Civil) 64/2009 SPS Vains, Major General & Ors. 30.06.14 This case is for grant of Modified Parity in terms of MOP,DOP Resolution dated 29.8.2008, after including the same in Special Instructions.
7 Supreme Court Civil Appeal 2966 / 2011 U0I Vs SPS Vains Mj. General & Ors 30.06.14 This case is for grant of Modified Parity in terms of MOP,DOP Resolution dated 29.8.2008, after including the same in Special Instructions.
8 Supreme Court Civil Appeal 8875-8876 of 2011. U0I & Ors.Vs. Vinod Kumar Jain & Ors (Avtar Singh) 24.07.14 CA No. 8875-76 and SLP(C)CC No.18339 -341 of 2013 are now Converted to SLP (Civil) 36148-36150 / 2013.
9 Supreme Court Civil Appeal 5367 -5368 / 2005 SLPC CC 5081-82/2004 Principal Secretary, Govt. Finance and Planning Deptt., Andhra Pradesh Vs. A.P. Pensioners Samaj. 30.04.14 Heard on 30.04.2014 and dismissed with following remarks : "We do not see any reason to interfere with the concurrent conclusion of the High Court as well as of the Tribunal. The appeals are accordingly dismissed."
10 Delhi HC WPC No. 4572 of 2012 All India S30 Pensioners Association Vs. UOI DOJ 19.8.13.
11 CAT-PB/Delhi ContemptPetitionNo.158 of 2012 CG SAG (S29) Pensioners Association, Shri Satish Verma, Rtd.CE Vs. Shri RC Mishra, Sec. DOP, MOP,GOI. and Shri Sumit Bose, Sec.DOE,MOF, GOI. 15.05.14 This Petition is against non-compliance of orders passed by CAT-PB while giving Judgment in case of OA 0655/2010 with other OAs. In view of IR granted by Delhi HC on 21.5.12, hon.ble Court on 30.5.12 closed the case with liberty to move application for revival of CP as per the Orders of hon.ble Delhi HC. Accordingly, after the dismisal of UOI Petition in Delhi HC, the revival application was put up which was heard on 24.5.13 and 28.5.13 and orders for isuue of notices to respondents were passed. Hearing on 7.8.13 couldnot take place. Case was heard on 25.9.13. Hon.ble Court ordered for revival of Contempt Petition and fixed 10.10.13 to take up contempt proceedings. On 10.10.13, during hearingASG himself appeared for UOI and argued citing pending SLPs in Supreme Court, for stay on contempt proceedings which was opposed by the Advocate of Association. Court did not agree for granting stay but fixed next date of hearing as 27.11.13. Adjouraned due to non-availability of one of the Judges to 18.12.13, 15.01.14 and 12.02.14. Heard but adjourned for 19.02.14. UOI submitted MA for certain clarification from Court and Court adjourned the hearing till 15.05.2014. In the meanwhile, the Curative Petition submitted to HSC by UOI has also been dismissed on 30.04.14, attaining full and comlete finality to the case, leaving no scope for any clarification or change in Judgment of CAT-PB, already merged with the judgment of the HSC, except for implementation of the "direction" or facing contempt proceedings.
12 Supreme Court SLP (Civil) 19784 of 2013 with SLP(C)CC 12122,12366,1 2373,13325 & 14816. Haryana Viduat Prasaran Nigam Ltd & Ors Vs R K Agarwal and Ors DOJ 28.10.13 This SLP is againsst Punjab and Haryana High Court Judgment in case of CWP No. 19641 of 2009 R K Agarwal &Ors. Vs. HVPN Ltd & Ors. dated 21.12.2012. Hearing took place wheein Haryana Advocate pleaded about Haryana Regulations for Pensioners and about financial implications which Respondents Advocate opposed. Court was not impressed but allowed them to put up their arguments in writing for orders before nexthearing which was fixed for 28.10.2013 when following orders were passed : Learned counsel appearing for the petitioners seeks permission towithdraw the special leave petitions with liberty to approach the High Court. Permission is granted. Consequently, the special leave petitions are dismissed as withdrawn with the liberty as aforesaid.
13 Supreme Court SLP (C) 23055 of 2013 UOI & Ors Vs CGSAGs29 Pensioners Assoc.& Ors. DOJ 29.07.13 UOI has filed this SLP against the Delhi High Court Judgment dated 29.4.13 in case of WP(C) 1535 of 2012. This case was heard by Hon.ble Supreme Court on 29.07.2013 with SLP(C) CC No.13280 of 2013, UOI Vs Atma Singh (arising out of P&H HC Judgment) and issued following Orders of Dismissal : "We are not inclined to interfere with the order passed by the High Court. Consequently, the special leave petitions are dismissed. However, the petitioners are at liberty to raise all points before the Tribunal as and when the appeal, including the contemptpetition is preferred."
14 CAT-PB OA No. 937 of 2010 and OA No. 2101 of 2010 (DHC order for Fresh Adjudication) All India S30 Pensioners Association Vs. UOI
Hon.ble Delhi High Court, in WP(C) 4572 of 2012 in case of All India S30 Pensioners Association Vs. UOI has, by order dated 19.8.2013, has restored these two OAs for fresh adjudication on merits on the claim of full parity, giving full opportunity of hearing the petitioners, without binding decision given on 1.11.2011 in case of OA No. 655 of 2010. Delhi HC has furtehr ordered that the matter would be decided in remand preferably within three months from 19.8.2013 and case be listed forhearing by on 9.9.2013, when both parties would appear before Registrar of CAT-PB.Not heard on 25.9.13.
15 Supreme Court ContemptPetition (Civil) No. 328 of 2013 N.K. Nair & Anr. Vs Shashikant Sharma & Ors. No further listing. While implementing 4th CPC Report pay of Army , Navy and AF Officers upto Brigadier level and equivalent, was fixed without adding Rank Pay. Hon.le Supreme Couart vide Judgment dated 4.9.12 had directed for refixation of their pay after adding the Rank Pay and arrears paid accordingly. MOD issued orders on 27.12.12 for implementation of the said Judgment. CP(C) 328 of 2013 has been preferred in Supreme Court with plea that (1) Judgment should be implemented w.e.f. 1.1.1986 and not as on 1.1.1986,(2) Minimum of Pay in Integrated Pay Scale for each Rank of officers given in SAI 1/S/87 for Amy and equivaalent officers in Navy and AF should also be raised,(3) Maximum of Integratred Pay scale i.e. 5,100 should also be raised and (4) Refixation of revised pay on 1.1.1996 (5th CPC) and 1.1.2006 (6th CPC) should be done again on the basis of law set by the above mentioned Judgment of the Apex Court, now, meaning thereby, that, the revised pay should be refixed by adding into existing pay the admissible component of Rank Pay or MSP, as the case may be and,payment of arrears be made,accordingly. Further, it is learnt that the Attorney General for India, when Govt. sought his advice, has advised, after due consideration of the pleas in the light of Apex Court Judgment to agree to plea (1) and (4) and not to agree for (2) and (3). Heard on 15.11.13 and notices issued to alleged contemptners to appear in person on next date of hearing.On 17.2.14 Court heard the case, none of the Respondents appeared but their Advocate, SG, sought time for submitting Counter Court allowed two weeks time.On 10.03.14 Advocate on record for petitioners sought time for submitting Rejoinder Affidavit and Court allowed two weeks time. On 31.03.14 HSC heard and passed following orders : In light of the rival submission as above, let an application be made by the petitioners for impleadment of the present Defence Secretary and Controller General of Defence Accounts. The application may be listed for consideration as and when made.
16 Supreme Court SLP(C)CC No.18339 -341 of 2013. TheCase is Converted to SLP (Civil)36148-36150 / 2013 connected to CA No. 8875/2011 UOI Vs DL Vhora & Ors. 24.07.14 These SLPs (along with applications for condoning delay) have been filed by UOI against Delhi HC Judgment dated 29.04.13 in WPC No. 2348-50/2012. (Full parity case).The case came up for hearing before HSC Bench comparising CJI and Justice Ranjan Gogai on 04.10.13 whereupon hon.ble Court ordered : List on 07.10.13 before an approprite Bench. On 07.10.13 the case came up for hearing before HSC Bench comparising of Justice Nijjar and Justice Kalifulla. The Court ordered "On the request of Mr. A.S. Chandhiok, learned ASG, list these matters along with Civil Appeal Nos.8875-8876 of 2011." Case adjourned for hearing on 01.11.13. Heard on 1.11.13 and delinked from CA No. 8875-76.Heaard on 19.11.13 and again linked to CA No. 8875-76, delaly condoned, ordered for issuing notices and staying bringing up contempt petition in HC or CAT.Not herd on 4.2.14.
17 Supreme Court SLP(C) 19784 SLP (C) CC12122, 12366,12373, 13325,14816, all of 2013. H V P N L Vs. R K Agarwal and Other 5 Respondents DOJ 28.10.13 These SLPs (along with applications for condoning the delay) are against P&H High Court Judgments granting Modified Parity to Haryana State Govt. Pensioners.Heard on 18.10.13. Hon.ble Court asked UOI Advocate to submit written statement before next hearing. Case was heard on 28.10.13 and following order were passed : Learned counsel appearing for the petitioners seeks permission to withdraw the special leave petitions with liberty to approach the High Court. Permission is granted. Consequently, the special leave petitions are dismissed as withdrawn with the liberty as aforesaid.
18 Supreme Court Review Petition(Civil) No. 2492 of 2013. 31861 of 2013 UOI Ors. Vs s29 SAG Pensioners Association DOJ 12.11.13 This Review Petition(Civil) has been filed on 4.10.13 and is under scrutiny. This is against Judgment of dismissal given by hon.ble Supreme Court in case of UOI Vs. s29 Pen. Assoc. SLP(C) No. 23055 on 23.07.13.The RP was taken up in Chamber by the hon.ble Supreme Court and following order were passed on 12.11.13 : "Delay condoned. Prayer for oral hearing is rejected. We have perused the Review Petition as well as the grounds in support of the Review Petition. In our opinion, no case for review of order, dated 29th July, 2013, is made out. Consequently, the review petition is dismissed."
19 Supreme Court SLP(C) 33864 of 2013 U.O.I,SECRET ARY,MIN OF COMMUNICAT ION&ORS Vs RAM KISHAN PANIPAT DOJ 28.10.13 Heard on 28.10.13. Hon.ble Supreme Court passed following order : We are not inclined to interfere with the order passed by the High Court.Consequently,the special leave petition is dismissed. However, the petitioners are at liberty to raise all points before the Tribunal as and when the appeal, including the contempt petition is preferred.
20 CAT / Chandigarh Con.Pet. No.84 / 2013 Atma Singh Vs U.O.I., Secret.,DOP and Secret. Comunication Next date of hearing is not yet known. Modified parity case. CAT/Chandigarh in OA No. 44/HR/2012 gave judgment directing UOI to fix revised pension in terms Resolution dated 29.8.2008in but UOI preferred CWP 22510/2012 in P&H HC but the same was disallowed. UOI then preferred SLP(C) CC 13280 / 2013, which hon.ble Supreme Court dismissed on 29.7.2013, alongwith SLPC 23055, which was against CGSAGs29p Association. Contempt Petition No. 84/2013 has been filed now against UOI, Sec. /DOP and Sec. / Coomunicastion. for their failure in implementing CAT/Ch. directions, even when Review Petition has also been dismissed.
21 P & H High Court EA 35 /2013 in CWP 3452/2010 O P Kapur &Ors Vs State of Haryana & Ors 14.03.14 In CWP 3452 P&H HC on 21.12.2012 had directed Haryana Govt. to refix pension giving modifed parity and pay arrears thereto within two months or pay arrears with 9 % interest after 1.3.2013. Haryana Govt. preferred SLPC 19784/2013 which was dismissed as withdrawn by the hon.ble Supreme Court on 28.10.2013.Haryana Govt. then filed a Reviw Application in P&H HC to review the Order dated 21.12.2012 despite the affirming order by the hon.ble Supreme Court, which was dismissed on 31.01.2013. During the hearing of EA 35/2013 on 26.02.2014 the P&H HC has passed following orders : "It is made clear that in case necessary steps are not initiated and amount is not disbursed to the applicants/petitioners before the next date of hearing, this Court may be constrained to call the official respondents in Court or order may be passed to attach salaries of the Officers concerned." During hearing on 14.03.2014 Govt. Advocate informed the Court that the PPOs of Petitioners have been revised and orders for payment of arrears of revised pension w.e.f. 1.1.2006, along with 9 % interest thereon, have been issued.
22 Supreme Court Curative Petition No. 126 of 2014 UOI Vs CGSAGs29 Pensioners Association 30.04.14 This Curative Petition was against dismissal of Review Petition No. 2492 of 2013. The five Judgme Bench of hon.ble Supreme Court presided over by the hon.ble CJI himself, dismissed this petition on 30.04.2014 stating that no case was made out within the parameters indicated in the decision of this Court in case of Rupa Ashok Hurra and Ashok Hurra reported in 2002(4)SCC 388.

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