Dear Editor,
Sh GN Sridharan in his letter dt.31.10.13 including the para (As regards the second issue of upgradaion.....) below has placed the issue in a very distorted manner.
May we ask him if it was through an over sight or inadvertently he forgot to mention the main & significant order of SC "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."
"As regards the second issue of upgradaion, we pointed out that a large section of LIC pensioners eagerly expect revision in terms of the Judgement of Rajasthan HC in WP 6676/1998 & 654/2007. As the matter is lying as Civil Appeals in SC and it is not known when a finality will come about, while it is undeniable fact that our pensions have remained static for over two decades, our Federation has taken a practical stand that there should be an immediate grant of ad hoc payment till the scheme of revision is based on court verdicts or otherwise. We stressed the need for ending the prevailing disparities of ghastly order."
What was the necessity of begging for ad hoc payment when there is no stay by SC on HCs orders - and the fact all the three HCs cases are tagged and lying as civil appeal which has no significant and does not hamper the implementation of HC orders.
It smells that he has deliberately (donot know why he does so every time the issue reaches at its final stage) tried to undermine and sabotage the upgradation issue before the GOI/LIC. I request all particularly Sh GN Sridharan and his VP Sh Amrit Lal, who was also with him when they called upon the Jt Sec MF, to go through the following facts enunciated by our pensioner friends from time to time.
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.