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Tuesday, July 19, 2016

DELHI HC ORDER - Hyderabad Association

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 4894/2016 RETIRED LIC CLASS I OFFICERS ASSOCIATION
HYDERABAD ..... Petitioner
Through Mr. Gaurab Banerji, Sr. Advocate with Mr. Saurav Agrawal,
Ms. Vaidehi Mitra and Ms. Astha, Advocates.
versus
LIFE INSURANCE CORPORATION OF INDIA AND ANR ..... Respondent
Through Mr. Ashok Panigrahi and Mr. Surajit Bhaduri, Advocates
for LIC. Mr. Vivek Goyal, CGSC for UOI.

CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R
12.07.2016

Adjournment slip has been circulated on behalf of the respondent No.1. However, the counsel for the petitioner has objected to the adjournment.

Learned counsel appearing for the respondent No.1, Life Insurance Corporation of India states that they require 10 days’ time to file a counter affidavit to comprehensively answer all the contentions raised. He has drawn our attention to the legal issue and the facts. We accept the prayer made by the counsel for the respondent No.1 and grant 10 days’ time to file counter affidavit. One of the reasons why we have accepted the said request is that in W.P.(C) No. 5903/2016, All India Retired Insurance Employees Federation Vs. Life Insurance Corporation of India and Anr., we have granted the said respondent 10 days’ time to file counter affidavit. Learned counsel appearing for the Union of India submits that they do not have a copy of the writ petition. A copy of the same would be supplied to them during the course of the day. Union of India will file their counter affidavit within 10 days. Rejoinder, if any, within 10 days thereafter.

Relist on 4th August, 2016.

SANJIV KHANNA, J. SUNITA GUPTA, J.

JULY 12, 2016

Click below to read

1.Order for KML Asthana & others.
2.Federation of Retd.Class I Officers Association
3.Madanlal Gandhi & Ors.

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 3984/2016
KRISHNA MURARI LAL ASTHANA ..... Petitioner
Through Mr. R.K. Singh, Mr. Kumar Gaurav and Mr. B.N. Dubey, Advocates.
versus
UNION OF INDIA AND ORS ..... Respondent Through Ms. Abha Malhotra, Advocate
for UOI. Mr. Ashok Panigrahi and Mr. Surajit Bhaduri, Advocates for LIC.

CORAM:
HON'BLE
MR. JUSTICE SANJIV KHANNA
HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R
12.07.2016

Adjournment slip has been circulated on behalf of the respondent-Life Insurance Corporation of India with no objection from the petitioner. Counsel for the petitioner states that they have filed additional submissions and do not want to amend the pleadings or file any other document. Counsel for the petitioner has drawn our attention to paragraph 10 of the judgment dated 31st March, 2016 passed by the Supreme Court, which makes a reference to S.B. Civil Writ Petition No.6676 of 1998, pending in the High Court of Rajasthan at Jaipur. It is stated that the file of the the said case has not been transferred to this Court. Counsel for the petitioner will get in touch with the Registrar General of the High Court of Rajasthan at Jaipur to ensure compliance. We are not satisfied with the affidavit filed by the Life Insurance Corporation of India in compliance with the directions given in paragraph 27 of the aforesaid judgment of the Supreme Court. The Life Insurance Corporation will file a detailed affidavit within 7 days clearly stating that they have complied with the direction given by the Supreme Court to pay 40% as per para 3A of the appendix to each of the employees (pensioners) within six weeks. The manner in which computation has been made for payment of 40% of the amount as per para 3A of the appendix would be stated. The affidavit would also specify whether the pensioners have been disbursed the amount payable to them
Relist on 4th August, 2016.

SANJIV KHANNA, J. 
SUNITA GUPTA, J.

JULY 12, 2016

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IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 184/2007
FEDERATION OF RETIRED LIC CLAS I OFFICERS ASSOCIATON .....
Petitioner Through Mr. Rajiv K. Garg, Advocate.
versus UOI & ORS. .....
Respondent Through Ms. Abha Malhotra, Advocate for UOI.
Mr. Ashok Panigrahi and Mr. Surajit Bhaduri, Advocates for LIC.

CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R
12.07.2016

Adjournment slip has been circulated on behalf of the respondent-Life Insurance Corporation of India with no objection from the petitioner. Counsel for the petitioner states that he has filed an application for amendment of the writ petition. The said application is not on record. Counsel for the petitioner will get in touch with the Registry and remove office objection, if any, and get the application listed. Counsel for the petitioner has drawn our attention to paragraph 27 of the judgment dated 31st March, 2016 passed by the Supreme Court. As per paragraph 27, the Life Insurance Corporation was directed to pay 40% of the amount as per para 3A of the appendix to each of the employees within six weeks and file an affidavit before the High Court to the said effect. Learned counsel appearing for the respondent-Life Insurance Corporation states that the said order has been complied with and an affidavit has been filed in W.P.(C) No.3984/2016. Directions have been issued on the said aspect in W.P.(C) No.3984/2016.

Relist on 4th August, 2016.

SANJIV KHANNA, J.
SUNITA GUPTA, J.


JULY 12, 2016
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IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 3983/2016

MADAN LAL GANDHI AND ORS ..... Petitioner Through Mr. Jay Savla,
Advocate. Mr. Raj Pal Singh, Advocate for petitioner No.3.
versus
UNION OF INDIA AND ORS ..... Respondent Through Ms. Abha Malhotra,
Advocate for UOI. Mr. Ashok Panigrahi and Mr. Surajit Bhaduri,
Advocates for LIC.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R
12.07.2016
C.M.No.24316/2016 This is an application for amendment of the writ petition. Our attention is drawn to the judgment dated 31st March, 2016 passed by the Supreme Court. Learned counsel appearing for the Life Insurance Corporation of India states that he has no objection to the amendment application being allowed. He, however, clarifies that they do not accept that the petitioners are entitled to the reliefs as prayed for. In view of the statement made, the application is allowed. W.P.(C) 3983/2016 Amended writ petition should have been filed along with the application in terms of the Delhi High Court Rules. However, the same has not been filed. We grant three days’ time to the petitioner to file the amended writ petition. Counter affidavit to the amended writ petition will be filed within 3 days thereafter. Rejoinder, if any, will be filed within 10 days after service of the counter affidavit.

Relist on 4th August, 2016.

SANJIV KHANNA, J.
SUNITA GUPTA, J.

JULY 12, 2016