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Thursday, February 18, 2016

M.Sreenivasa Murty




Those interested may please read the Punjab & Haryana HC Order dated 16 Feb 2016, (appended) and appreciate how LIC retains Sr Advocates, who have no qualms to mislead even the higher judiciary of the country, to harass its own former employees. P&H HC Order of 16 Feb 2016 confirms my accusation.

To refresh the memory of PC readers (whether they read directly or on being reproduced in their own preferred Blogs later) P&H HC passed an Order on 14/12/2015, directing LIC ‘to file an Affidavit explaining as to how the amount of Rs.33,67,838/- deposited earlier is considered to be the entire dues payable to the Petitioners’. Supposed to be done before the hearing 

As is its wont, LIC filed a 102 Page reply dated 23/01/2016 but made sure that the HC’s directive of 14/12/2015 has not been complied with. Instead, LIC submitted its bulky calculations with a prayer to ‘take on record’ that an additional sum of Rs.1,29,278/- is yet to be deposited’, without explaining mischievously why and how the shortfall has occurred in the first place. 

During the hearing of the matter on 16/02/2106, LIC’s Sr Counsel described it as ‘small amount of interest due’. And was slapped with a directive to deposit the additional sum of Rs.1,29,278/- within one week. 

Mr GNS, if (at all) you wish to take note, please study (can send LIC’s 102 page Affidavit, if you ask for it) and accept that LIC which trapped you with its communication dated 6/7/2015, has fallen in its own trap and had to admit (indirectly but incontrovertibly) that the Pensioners who retired BEFORE 01/04/1993, have been paid less.

Mr GNS, you represent them; don’t you? After all, all pre-1/4/1993 retirees are also pre-August 97 retirees and part of your disowned ‘in-rem’ constituency. 

I am aware, some friends from elsewhere, would pounce on me, ‘when we are trying for Final Hearing and up-gradation, what is all this’? They may please note that if something seriously wrong happens during the Final Hearing, the damage is also final and may be irreversible. You and I can only blame thereafter, those who don’t believe in up-gradation, as our right and so are assisting LIC in resisting it by hook or crook. And others, who believe in and want up-gradation but can’t deliver as they are so confused, living in a house in disarray.

The recent Posts in the PC of SN, MVV & GR, blessing the sincerity of my commitment and approach, added to the enormous strength and support I receive in the company of Sri C H Mahadevan, do guide and encourage me to continue to do my bit.

I have not given up and I will not.

To read P&H HC order, click here.

INTERIM ORDER DATED 16.02.2016
1.
CM No.27377-CII-2015 and
-1-
COCP No.2975 of 2013
202-27377
*****
Sanjeev Gandhi and others
Vs.
Sh. R.K. Takru and others
*****
Present: Ms.Alka Chatrath, Advocate,
for the applicants.
Mr.Rajiv Atma Ram, Sr. Advocate, with
Mr.Arjun Partap Atma Ram, Advocate,
for the non-applicants.
*****
CM No.27377-CII-2015
This application is filed by the applicants/petitioners forwithdrawal of the amount of 33,67,838/-, deposited by the respondent/LIC, during the pendency of the contempt petition. Notice in the application was issued to which reply has been filed.
I have heard learned counsel for the parties and perused the available record.
On 7.5.2015, the Supreme Court passed the following order: -
“C.A. Nos.8959-8962/2013, 6995/2013, 9223/2013 and 9409-9410/2-13 Let these matters be listed for hearing on 23rd September, 2015. As an ad-interim measure, it is directed that the petitioner-Corporation shall release 20% of the amount as per the impugned judgments pertaining to the High Court, in favour of the respondent-employees within six weeks hence, subject to final result in the appeals. If any amount, that has been deposited before the High Court pursuant


2.
CM No.27377-CII-2015 and
-2-
COCP No.2975 of 2013

to the order passed by this Court, 20% of the same shall be released in favour of the
Life Insurance Corporation of India, so that it can pay to the concerned employees. In
case, where the amount has not been deposited, needless to emphasize, the Corporation shall pay and question of any kind of withdrawal from court does not
arise. Needless to say, the payment in continuum shall be considered when the
appeals are taken up for hearing. S.L.P.(C) No.....CC Nos.5437-5440/2015
Issue notice on the applications for condonation of delay, as also on the special
leave petitions. Learned counsel who are appearing in the other appeals accept notice. They undertake to file counter affidavit within six weeks. Rejoinder affidavit, if any be filed within four weeks. Let the matter be listed along with the
appeals on 23rd September, 2015. Parties are at liberty to file additional documents and those which are already filed, be taken on record. As the matterrelates to grant of enhancement of pension, it shall be listed between item Nos.1 to 5 in the hearing list.” It was followed by order dated 7.9.2015, which read as under: - “It is submitted by Mr. Jay Savla, learned counsel appearing for the applicant herein that the order dated 7th May, 2015, has not been complied with. Mr. Ashok Panigrahi, learned counsel appearing for the Corporation would submit


3
CM No.27377-CII-2015 and
-3-
COCP No.2975 of 2013 

that there is wrong calculation on the part of the employees.
We are not concerned with the computation facet. Twenty per cent has to be paid on
the basis of the impugned judgment. Let the said amount be paid within two weeks
hence. If the amount is not paid and the order is not carried out, the competent
authority of the Corporation shall be liable for contempt of this Court.” Now, the latest order has been passed on 4.12.2015,which read as under: - “It is submitted by Mr. Gopal Jain, learned senior counsel appearing for the respondents that the Life Insurance Corporation has not deposited the 20 per cent amount as per appropriate computation. Mr. Ashok Panigrahi, learned counsel appearing for the Life InsuranceCorporation would submit that the amount has been deposited before the Registry of the Punjab & Haryana High Court at Chandigarh. Regard being had to the submissions made by the learned counsel for the parties, it is directed that the respondents shall be in a position to withdraw the amount on the basis of the computation made by the Corporation without prejudice to the contentions raised in the appeal. The interlocutory application stands disposed of accordingly.” According to the counsel or the applicants/petitioners,the applicants are entitled to the entire amount deposited by the


4
CM No.27377-CII-2015 and
-4-
COCP No.2975 of 2013


respondent/LIC whereas, according to the respondent /LIC, the applicants/petitioners are entitled, at this stage,to the extent of 20% of the amount deposited by the respondent/LIC as calculated by it. The respondent/LIC has though deposited 33,67,838/- but after calculating the interest as 1,29,278/-, it comes to
`34,97,116/-. The respondent/LIC is further directed to deposit the difference of 1,29,278/- also with the Registry within a week. The aforesaid orders, only indicates that the applicants/petitioners are entitled to 20% of the entire amount as calculated by the respondent/LIC, deposited with the Registry of the High Court, at this stage. Therefore, the present application is disposed of only with a direction to the Registry to allow the applicants/petitioners to withdraw 20% of the amount deposited with
it by the respondent/LIC and the same be disbursed to the applicants/petitioners, as per their entitlement.

COCP No.2975 of 2013 Adjourned sine die to await the decision of the Supreme
Court in Civil Appeal Nos.8959-8962 of 2013.

(RAKESH KUMAR JAIN)
16.02.2016 JUDGE