In his rejoinder to reply filed by LIC of India, Shri KML Asthana affirms: " ... in their (LIC) view the
Central Government is over and above the Courts and this act amounts to
contempt of this Hon’ble Court as well as the High Court and in one manner
denial of their existence. What matters
to them is the Central Government and the verdict of the Court has no meaning.
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| IS THE CENTRAL GOVT. A PARTY TO DISPUTE? WHERE'S THE CENTRAL GOVT. COUNSEL ? |
" It is submitted that the question of Sections 21 and 48 has
been duly concerned. Section 21 deals
with matters of POLICY INVOLVING PUBLIC INTEREST. This has no relevance to the
present case since it is not a matter concerning Policy involving public
interest. It is worth submitting that
the Petitioner (LIC) is itself violating the National Litigation Policy which
is a matter of public interest, similarly, it is misusing the policyholders’
money in an indiscriminate manner of which they are the trustees, no directions
in this regard have been obtained from the Central Government.
"It is further submitted that the matter of revision of
pensions is not at all concerned with Section 48 rather it is already provided
in Rule 55 of the Pension Rules and the Chairman has always been revising the
pensions in exercise of his powers under Rule 55 of the Pension Rules. In this connection a copy of the Circular
issued by the Chairman in exercise of his powers as vested in Rule 55 of the
Pension Rules is submitted for the kind perusal of this Hon’ble Court.
"Besides,
a perusal of the Sections 48 and 49 of the LIC Act would reveal that there is
no prohibition on revision of pensions. Therefore the whole contention of the
Respondents is false and frivolous.... "
( EXCERPTS FROM THE REJOINDER FILED BY SHRI ASTHANA TO LIC'S REPLY IN SUPREME COURT.)