LIC's reply to Asthana's CCP
- Any amendment to the pension rules needs the GOI approval ( ref :SEC 3 and SEC 48 of LIC Act )
- The Board has only recommended removal of DA anomaly and consequent increase in pension and their proposals were still to be considered by GOI
- What is due to the writ petitioners was already deposited in the Jaipur court registry and therefore there is no contempt of court order
- Any amendment to the pension rules comes into effect from the Gazette notification !
- Any dues to be paid are from the date of Gazette notification !!
- Board has to recommend to the GOI to amend the pension rules in accordance with their resolution keeping in mind the financial implication of one time payment of 51.37 crores which has been actuarially determined when the BOARD PASSED THE RESOLUTION.Petitioners nowhere prayed for amendment of pension rules in accordance with the Board proposals and as such the compliance of the order in regard to the petitioners are concerned is complied with and as such there is no contempt of court as professed by the petitioner !!!
- As liberty to appeal against the Jaipur SB order is given to the respondent wherein the interpretation of law has to be clarified by SC any other action will be subjudice.
All the above arguments and submission are untenable which will be rebutted when Asthana gives his reply.