Dear Editor,
Thanks for airing our views, but you have chosen to print the most important
facts/ part of my letter as an attachment. In fact the purpose is to request our friends
to whole heartedly support the just demand of upgradation when all the three HCs have also allowed the respective petitions and there is no stay by SC and this fact is very well know to Fed.of Retd LIC Class I officers Assns & its functionaries. Let all others may also read please:-
A.
SC order dated 8.10.13 in LIC vs Fed of Retd.Class I off Assns.
Delay Condoned Leave Granted.
There shall be no stay of the directions given by the
learned Single Judge vide order dated 12.1.2010 passed in S.B.C.W.P.
No. 6676 of 1998 and connected matter.
Tag with the Civil Appeals arising from SLP(C) No.../2013
(CC Nos.16755-16758/2013).
It is true that the writ petition filed by the Federation of Retd. LIC class I officers Assns reated to removal of DR anomaly only. But the operative part of the Delhi HC judgment reads as follows.
It has to be remembered that the judgment in effect is an order for LIC to implement the Jaipur HC bench order dt 12/1/2010 'in rem' .
B.
SC order dated 30.9.13 also were on same lines.
DELAY CONDONED LEAVE GRANTED
There shall be no stay of the directions given by the learned Single Judge vide Order dated 12.01.2010 passed in S.B.C.W.P. No 6676 of 1998 and connected matter’.
C.
CONNECTED MATTERS MEANS--- CWP 654/2007 ON PENSION UPGRADATION EXCLUSIVELY &
ALSO HARYANA & CHANDIGARH HC ON UPHOLDING JAIPUR HC & ORDERING PAYMENT OF 12 % INTEREST & DELHI HC ALSO BASING IN JAIPUR SJ HON BHANDARIS JUDGEMENT & CONFIRMING APPLYING SAME IN REM IE. TO ALL PENSIONERS & NOT ONLY PETITIONERS.
LIC IS DRIVEN TO A CORNER & NOT ABLE TO EXTRICATE FROM THE INEVITABLE HAPPENING OF UPHOLDING TRUTH & EQUITY & JUSTICE WITHOUT ANY IOTA OF DISCRIMINATION.
D.
SC orders dt.19.8.13 in Chandigarh case were:-
Delay condoned. Leave granted. The prayer for interim relief is rejected.
F.
One may appreciate that the Order is actually more than rejecting LIC’s prayer (if any) to grant a stay. It reads like a positive direction to LIC to implement the HC Order dated 12.01.2010, notwithstanding the fact that LIC’s appeal is allowed to be filed before it.In other words, the HC Order became final and binding because of the categorical assertion by the SC that
‘’There shall be no stay of the directions given by the learned Single Judge vide Order dated 12.01.2010 passed in S.B.C.W.P. No 6676 of 1998 and connected matter’’‘’
That the civil appeal is pending makes no difference. The civil appeal being finally allowed is only a contingency like its being dismissed eventually. If allowed, it may be prospectively applicable. If dismissed, no further action is called for.
Friends at this point of time without any prejudice, we should forget and forgive, and remain united and continue our full support to Sh Asthana/AIRIEF to bring the long drawn legal fight to a happy ending - 29th Nov. is not far off.
WISHING ALL A BRIGHT & HAPPY DIWALI.
Regards
HK Aggarwal