LIC PENSIONERS CHRONICLE

1 

Justice Bhandari - Judgment dated 12-1-2010. 

S.B.Civil Writ Petition No.6676/1998 

S.B.Civil Writ Petition No.654/2007 

“In light of the discussion made above, both the writ petitions are allowed. The respondent Corporation is directed to take a decision for implementation of the resolution dated 24-11-2001 passed by the Board. The respondent Corporation cannot provide different criteria for grant of dearness allowance to the existing pensioners based on cut off date i.e. 31-7-1997. The benefit arising out of the directions above would, however, be considered by the respondent Corporation so that every retired employee may get the same benefit. Costs made easy.” 

Highlight - 1 

" both the writ petitions are allowed. " 

Highlight - 2 

" The respondent Corporation is directed to take a decision for implementation of the resolution dated 24-11-2001 passed by the Board." 

Highlight - 3 

" The benefit arising out of the directions above would, however, be considered by the respondent Corporation so that every retired employee may get the same benefit." 

Highlight - 4 

Approval from Union of India was not necessary 

2 

LIC of India's Special appeal (20 .07.2010) arisng out of the Judgement and Order dated 12.1.2010.

"In the year 2001 a recommendation was made by the Executive Director that all retired employees should be made entitled to the same benefits.The said recommendation was considered by the Board Of Directors in the meeting held on 24.11.2001 and it was decided that since the matter lies within the competence of the Central Government it should be referred to the Central Government "

3  Supreme Court 

Supreme Court on 14.11.2011 directed LIC of India to remit in the Registry of the High Court ' the amount due to the employees'. 

On 17.10.2012 it was modified as 'the amount due to the pensioners i.e. the Writ petitioners with effect from the date of their eligibility to get retiral benefits '.Writ petitions (not Board Resolution) have 'petitioners' 

LIC of India has remitted 

1. Rs. 4,35,513/00 on 23rd December, 2011 (arrears from 01.02.2010 ) 

2. Rs.12,13,873 on 10.12.2012 (arrears from 01.08. 1997) and 
3. Rs. 3,14,252 on ?.11.2013.
(Total Rs.19,63,638 - no details )

As per LIC of India Justice Bhandari's Judgement is only for implementing Board Resolution dated 24.11.2001 and the resolution is in respct of DA Neutralisation for Pre 01.08.1997 retirees. Arrears were calculated first from 01.02.2010 and later from 01.08.1997.

Remittances were in respect of 20 pre 01.08.1997 retirees and 5 post 01.08.1997 retirees were excluded and 2 'rest in peace'.

4 Board Resolution 

Was LIC of India Consistent with this (wrong ))interpretation and implemented atleast the Board Resolution properly ? 

1 AS per resolution 11.25 % should have been added.This was not done.
2 Board Resolution is applicable to all pensioners.LIC of India has ignored this and remittance was for 20 petitioners only

5  Upgradation 

Supreme Court order dated 17.10.2012 was for petitioners. As the refernce was to petitioners , it is clear that Writs allowed should be the basis and not Board Resolution (no petitioners). 

Judgement has allowed both the Writ petitions .Writ Petition 647 of 2007 was by 27 petitioners with prayer for upgradation of pension (by fixing the pension on stage to stage basis ) effective from date of retirement and revision on and from 1/8/1997 and there after on and from 1/8/2002 and periodically when pay scales are revised (no prayer regarding DA Neutralisation). 

Upgradation of pension has been completely ignored by LIC OF India.

6  Judgement fortified 

Justice Bhandari's Judgement has been up- held by many Judges - 2 of JAIPUR bench -appeal and also review petition. 

2 Judges of Punjab and Haryana Court and also 2 Judges of Delhi High Court have directed LIC of India to go by Jaipur Judgement.

Supreme Court - While allowing Civil Case -has refused the request for 'stay order' in all three appeals (2 Judges each - 3 different Judges.)

All the 9 Judges have concurred with Justice Bhandari.

7 Poser 

Justice Chauhan has on 22.01.2014 ordered

" Therefore, Mr. R.N. Mathur, the learned Senior Counsel representing the Life Insurance Corporation, is directed to submit a copy of the Resolution dated 24-11-2001, and to file an affidavit clearly mentioning the amount which has been deposited in the Registry of this Court, and to emphatically state whether the amount is being deposited in consonance with, or contrary to the Resolution dated 24-11-2001. Moreover, he is directed to submit any decision that the L.I.C. may have taken for implementation of the Resolution dated 24-11-2001. The said exercise shall be carried out on or before 1-2-2014. A copy of the affidavit shall be given to the learned counsel for petitioner. " 

Next hearing is on 6-2-2014. 

8 
Reply ?
LIC of INDIA should be in a fix.

Regards, T.R.Madhava Rao.