I read our dear P.C daily to know what is happening to our legal fight in various Courts. I sincerely thank you for your arranging such a fast online media which has well contributed with latest news and analysis of our experts regarding the happenings and proceedings in the matter.
Now, we are all waiting for the start of S.C. proceedings on 23.09.2015. Reading regularly the posts published in the P.C. so far as a very common pensioner with not much legal expertise I give below our understanding of the proceedings in different courts so far briefly :
Rajastan High Court : S. J allowed both the writs and ordered L I C to implement ‘ BOARD RESOLUTION OF 2001 ’. Pursuing delaying tactics L I C went on appeal to Division Bench, R.B and lost both the cases. LIC then filed SLPs at S.C where they lost the case. Also the request of LIC to stay the judgment of Rajastan H C is turned down. Continuing its dogged fight LIC made C.A. This matter is still under consideration at S C . On 07.05.2015 S C ordered LIC to pay 20 % of amount due to PETITIONERS as per impugned Judgement of Rajastan High Court as interim relief before 18.06.2015. When LIC pleaded that they have already deposited the amounts due in the Court, SC permitted them to withdraw 20% of the amounts paid into Court. After one month from the stipulated date LIC leisurely approached the H C and requested for refund of 20% of the deposited amount so that they can make the payment of Interim Relief.
While making the deposit as per the court order, mischievously interpreting, LIC excluded all post 1997 retirees from the benefit of Upgradation. Instead of opposing the inadequate or improper calculations arrived, our Case manager has gleefully decided to accept the refund of the 20 % amount by the Court.
When the shocked Post 1997 retirees who are the source and main contributors to the legal expenses here humbly enquire about their fate now, those responsible to answer, feebly say now things like – We have a strategy which cannot be revealed for obvious reasons – let us wait and see what payments LIC Makes – Legal Committee meetings will finalise further action etc.
“ ANY TAKERS”
All the Pensioners are so far led to believe that the benefits Under SC order flow to all of them. This is to convey our WORRY AND ANGUISH through this post because AIRIEF concentrated all its financial might and efforts here.
DELHI HIGH COURT: Here the case is filed on behalf of Pre 1997 retired Officers. Therefore here the post 1997 pensioners belonging to all other cadres are not taken care of .
Punjab and Haryana High Court : Here all the petitioners are pre 01.08.1997 retirees. Here also LIC repeated what all they did at Rajasthan High Court. To pay the interim relief they petitioned for refund of 20% of the amount deposited in the court. Fortunately this is opposed by the case manager explaining the mischievous game of LIC and the inadequacy of the amount they deposited in the court. The petitioners presented to the court the amounts due to them as per the judgement and what a low amount is deposited by LIC. LIC petition for refund of 20 % of deposited amount is dismissed subsequently an I A is made in the SC by the case manager regarding non payment of Interim relief which is coming up for hearing on 07.09.2015
But Sir, here also the Post 1997 retirees are not represented. In his recent post Sri M S M wrote that they are working out on the strategies to get SC order benefits to all 40000 retirees. As I see presently, for the post 1997 retirees this is the only hope and solace. Let us wish him success in his efforts .
Retd. SDM/ Dy.ZM, Visakhapatnam