I have seen Mr Srinivasa Murty's article wherein he has remarked that I may have suggested withdrawal of the money deposited in the Court in a lighter vein. No Sir,I did not. It was neither in a lighter vein nor as jest. This idea was in my mind right from the day the Supreme Court refused to grant stay of Jaipur H.C. judgment. I only expressed this idea now when Sri Asthana withdrew his contempt petiton.
Two conditions to be fullfiled:-
1. LIC must concede that money is due to the petitioners.
The money deposited in the court is subject to final decision of the Court and when the Highest Court refused stay, the judgment attained finality and the amount deposited must be paid to the petitioners. As the money is deposited by LIC on the direction of the court and also to escape from contempt, and further amounts were remitted on the direction of the courts, there is nothing for LIC to concede and the money deposited belongs to the petitioners subject to final disposal of the case. The case is finally disposed in favour of the petitioners.
2. Court should permit such withdrawal.
Yes but the petitioners should petition the court pleading that the need for money is urgent or so as the advocate suggests. Petitioners have to accept the same on the above ground and then point out that the amount paid is not according to the Judgment and demand the difference. The very fact that they receive the deposited money will not foreclose their right to claim amount due to them as per the Board Resolution and the Judgment. If this is done and the further monthly pensions commences the talk of prospective date of implementation will stop, hopefully.
I am not very sure what happens if the court finds contempt. We will not be benefited if LIC is only fined or some one is sent to Jail for not implementing judgment. In other words I only suggest that the above steps be taken or urge for the execution of the judgment in due process.
T SAMPATH IYENGAR
BANGALORE.
P.S. Pl refer SPL 30689/2009 in SC Sri M.K.Gopal vs LIC of India. He retired after a couple of years in 1992, on reinstatement treating as a fresh appointment on his consent and after retirement he claimed he was helpless and had to give consent, the court accepted the plea but LIC went upto S.C. He claimed about 7 lakhs from LIC and as usual LIC deposited only 2 Lakhs without providing any calculation sheet. It was pleaded that this money be released and the SC permitted the same in 2010. The case is still to be heard since then.