Dear Sh Gangadharan, Given below is an appeal we issued in Feb 2012. It contains brief history of legal fight and appeal for funds. Regards HK Aggarwal
(Appeal reproduced from the Archives for information of readers.)
LIC PENSIONERS’ FORUM – TRICITY CHANDIGARH-PANCHKULA-MOHALI (February 22, 2012)
Dear Colleagues,
UNITY FOR UPDATION OF PENSION – APPEAL FOR LEGAL FUND-in service employees also.
We have the pleasure to address this communication to our in-service-colleagues to inform them about the legal battle being fought for (1) UPDATION OF PENSION AFTER WAGE REVISION OF IN SERVICE EMPLOYEES. (2) (1) removal of DR anomaly to pre-1.8.1997 pensioners who are getting 50% DR relief.
OUR CASE IN BRIEF
Sh. KML Asthana and 26 other pensioners (of all cadres ) filed in Jaipur H/Court 2 separate Writ Petitions 6676/1998 and 654/2007 on the above two issues. On 24.11.2001, after taking into account financial outlay involved, LIC Board passed a resolution in its Board Meeting held on 24.11.2001 recommending updation of pension consequent upon the revision of pay scales of in service employees and removal of DA anomaly & sent it to Finance Ministry.
*The Hon’ble High Court, Jaipur clubbed both the Writs and delivered historic judgement on 12.1.2010 stating “both the writ petitions are allowed. The respondent Corpn. is directed to take a decision for implementation of the resolution dt.24.11.2001 passed by the Board.*
LIC filed an appeal in the Division Bench at Jaipur. It was dismissed on 21.1.2011. But LIC filed Spl. Review Petition at Jaipur and also filed SLP in the Supreme Court. On 15.7.2011 the Hon”ble SC disposed off LIC’s SLP because of SRP pending in the Jaipur Court. LIC’s Spl.Rev.Petition was also dismissed on 19.8.2011.by Hon’ble Divn.Bench,Jaipur. Sh.Asthana filed contempt petition against LIC for not implementing HC Judgement which is pending.
LIC filed SLP in Supreme Court which came up for hearing on 14.11.2011 and Hon’ble Bench passed the order “issue notice returnable in 10 weeks & stayed contempt proceedings subject to the condition that LIC deposit the “amount due to employees” in HC Jaipur within 8 weeks. However, instead of honouring SC orders, LIC has deposited a paltry amount of Rs.4,35,513 on 23.12.2011.
Sh.Asthana has submitted a comprehensive reply to SLP in the Supreme Court and also filed fresh contempt petitions against LIC for not honouring the orders of SC in full. On 7.2.2012 the Advocates were called by the Registrar SC and now the Govt. has also become a party. So far Govt. advocate maintained in the High Court that the Govt. has nothing to do and the matter is to be decided by the LIC.
As per various judgements delivered by Supreme Court, there cannot be discrimination between the pensioners on the basis of date of retirement, whereas you will find from the chart given below submitted by Sh. Asthana in SC, difference in pension being drawn by Pensioners
From the above you will find that on four successive occasions Hon'ble Courts have upheld our legitimate demands of 'updation of pension and removal of DA anamoly'. There is no doubt that we are inching towards FINAL VICTORY. Therefore, it is our moral duty to give maximum financial support to Sh. KML Asthana at this crucial juncture.
With regards,
APPEAL IS MADE JOINTLY BY:
( S.P. SOOD ) (Ph:2662725;Mob:9988019198)
1105 Sec.43-B, Chandigarh
Sh. H.K.Aggarwal (9855002556); Sh.I.P.Puri (9815077553); J.S Kang (9814333283 )
Sh.D.C. Nagpal, Panchkula Sh. M.L. Malhotra, Panchkula;
Sh. H. S. Khurana , Mohali Sh. I. K. Thakral Sh. S. S. Ahluwalia