LIC PENSIONERS CHRONICLE

Dear Editor, 

An attempt is made in the attached note to clear some doubts hankering in the 

mind of the pensioners.This again is a lay man's view which needs scrutiny by the 

legal pundits. However facts mentioned therein will remain as facts. It is good 

that the blog accommodates such useful discussion to keep us agile.

With regards

R.K.Viswanathan

( If there is a spark in you, leave that to us, we will fan it into a flame. There may be a spark in what a 'lay man' writes now and then which are for the legal luminaries to fan it into a flame.  Read Shri RK Viswanathan's write up. -Ed. )

                  RK Viswanathan                  

An attempt is made here to clear some doubts harbouring in the mind of the aging and ailing pensioners who were all these days waiting for the fruits of justice is delivered to them in their life time.

The foremost doubt is in the implementation of the Jaipur SB order.

LIC would again play a dubious game paying the dues only to those petitioners who have contested the case. 

This matter was sorted out by the SC who passed an order earlier when the contempt petition was heard which says : “The proceedings pending  before the HC under the Contempt of Court Act 1971 shall remain stayed subject to the condition that within 8 weeks from today (08-01-2012) the petitioner shall deposit in the registry of the HC the AMOUNT DUE TO THE EMPLOYEES (Mark the word employees).

Further in IA NO 9 in TP(C) NO56 of 2007 Supreme court vide its judgment dated 04-09-2012 1V: CPC held that “This order shall govern all similarly situated officers who have not approached  the court and also those who have filed Writ petition which are pending before various courts”

Further in the Supreme court case NO: Appeal(Civil) NO. 1289/2007 in Para 25 of the judgment it was held  “Revision of pay scales and also other allowances is technical in nature. When a benefit is extended to a group of employees the effect of such benefit if otherwise comes within the purview thereof must be held to be applicable  to other groups of employees.

From the above it is clear that the accrued benefits should not only be  paid to the petitioners in the suit who contested but also to all the eligible pensioners.

As to the civil appeal granted to LIC which is a normal practice in the judiciary it will take years to come up for hearing until then Jaipur SB judgment cannot be kept in abeyance rather in cold storage and should this happen then the SUPREME COURT ORDER saying “There shall be no stay of the directions given by the learned single judge vide order d/12-01-2010 passed in SB CWP NO 6676 of 1998 and connected matter” has no meaning and loses its purpose and significance.