LIC SLP 8090/2014 - LIC Vs Mahesh Chand Jain -
now stands dismissed by the Supreme Court.
You are aware of the historic victory of AIRIEF in partnership with Kozhikode Class I Officers’Assn, affiliated to AIRIEF, who diligently & valiantly pursued this case for 6 years 1st & after success by a Single Judge verdict, when LIC decided to go in for appeal, the 2 Member Bench also dismissed LIC appeal at Kerala HC. The Pay scales of class I Officers were revised from 1/8/1992 but for purposes of payment of difference of Gratuity, the Chairman had issued instructions to make payment only to the Officers who retired on and after 1/8/1994. These instructions were challenged in Kerala High Court.
Yet, LIC persisted in appeal to SC in the form of SLP. An SLP was filed before the Hon’ble Supreme Court which was converted into Civil Appeal No. 1289 of 2007 - LIC of India and Others vs. Retired L.I.C. Officers’ Association and others. The plea of the LIC was that the Chairman has the power under Rule 51(2) to vary the date of application of some provisions of the Revision Rules. The Hon’ble Supreme Court has in its judgment dated 12/2/2008 repulsed the plea of LIC. That was after another 2 yrs, SC gave its historic judgement dt 12/2/2008 against LIC & awarding that Class I Officers retired during 1/4/1993 to 31/7 /1994 will be eligible for difference in Gratuity after implementing the then wage revision. So, it was saga of sacrifice for 6yrs, then 2 yrs all at Kerala HC & finally another 2yrs at SC, in all 10 years. From the level of SC, AIRIEF addressed itself to ensure uninterrupted & clear verdict & all appreciate the committed role played by us throughout all these endeavours.
It was a dream come true, but no mention was made about payment of interest. RIEA, Jaipur, quoting many cases urged LIC to pay interest from the day of Notification. So, too, AIRIEF wrote to Chairman, LIC. After follow up, came LIC CO Circular dt 18 March, 2008 for payment with SI of 10%, procedural matters & proof etc. spelt out therein. Such was the involvement that no time was wasted in pressuring management & all will agree this has resulted in a good bonanza for all eligible as SI of 10% allowed exceeds principal arrears totalling a respectable amount for the recipients. Sure, all the beneficiaries owe a deep debt of gratitude to Kozhikode Class I Officers Assn affiliated to AIRIEF for the singular historic victory with a final joyous culmination.
However, while implementing the judgment of the Hon’ble Supreme Court dated 12/2/2008 Central Office issued Circular Ref. Dept: Personnel/ER/A/G-68 dated 19/3/2008 but again a way has been made out not to implement the judgment of the Hon’ble Supreme Court and keeping the path of litigation open when it directed for payment of difference of Gratuity to only those who retired on and after 1/4/1993 but those who retired during the period from 1/8/1992 till 31/3/1993 have been arbitrarily discriminated and deprived of this benefit and equal treatment.
We were proud to announce that as a result of Civil Writ Petition 1128 of 1997 filed by our late Sri ML Gandhi (Retd Dy ZM) & Others for quashing Rule 9 of LIC Class I (Revision of terms & conditions) Amendment Rules 1996 re Gratuity, the Hon HC of Punjab & Haryana delivered verdict, in favour of the Petitioners, on 4/7/2008 at Chandigarh, quoting Hon Supreme Court Judgement dt 12/2/08 in Civil Appeal 1289 of 2007 with directions to Respondents to grant consequential benefits, irrespective of date of retirement, on revised pay within 3 months.
AIRIEF lost no time & late Sri ML Gandhi sent Memorandum to LIC Chairman stressing extending difference in gratuity payment to Officers retired between 1/8/1992 —31/3/1993 & to be on safe side filed Caveat Petition also on 3/9/08. Chairman has allowed & CO has issued instructions to pay difference in Gratuity with SI of 10% vide Per/ER/A/G-68/1 dt 19/9/08. All those got substantial arrears, but paid some amount only not commensurate with efforts made by AIRIEF & some paid to other pensioners Federations unconnected with the case.
Remember the dogged efforts & acumen of AIRIEF when our RIEA, Jaipur spearheaded by Sri KML Asthana pursued the case to its logical conclusion & filed CWP 1454/2009 in the name of Sri M.C. Jain RM (Accounts) (Retd). After 3 years, Single Judge Hon Justice Bhandari pronounced vide his Order dt 13th September, 2012 that the petitioner has been declared entitled for revised pay scale as per Notification dated 18/07/1996 with consequential benefits. LIC went in for Special Appeal (Writ) 1492/2012. AIRIEF cannot remain silent. Sri Asthana pursued this with perseverance & without letup.This was a marathon effort & a masterstroke. Division Bench, Jaipur dismissed LIC appeal vide its succinct order dt 17/12/2012. It was full of flavor & victory to us.
Our advocate, Jaipur sent Contempt Notice to LIC Chairman, ZM, NCZ & SDM Jaipur to honour graciously & implement the order of the judgement . We prayed good sense will prevail, as earlier Supreme Court itself, in Gratuity case has given logic & sense and so it should be in the fitness of things LIC accepts gracefully. Will LIC ever do so ?
LIC filed SLP 8090/2014 which now stands dismissed by the Supreme court. I got it confirmed from Sri R.K. Singh this morning. He was categorical that SLP was dismissed. I even told him this, directly & indirectly adds enough strength to our case of pension upgradation with every wage revision. He also admitted the logic. When finally it comes through, with a LIC CO Circular, one will get arrears of Pay between revised pay & old pay with appropriate DA till date of retirement & Revised Pension on that new pay with arrears as difference in pension from DOR till date of LIC CO circular. AIRIEF GS will move in the matter fast, as soon as we shall get SC ORDER
TRUTH & EQUITY TRIUMPHED AT LAST.
Mind boggling achievement indeed. We are sure you all will appreciate AIRIEF concerted efforts with all your heart, as it is extraordinary & confers a very sizeable arrears to the beneficiaries.
Greetings & Good luck to CLASS I officers retired between 1/8/1992 — 31/3/1993
Fraternally,
R.B.KISHORE
VP, AIRIEF
In connection with GN Sridharan's post regarding Supreme Court dismissal of SLP
ASTHANA WRITES
I HAD FOUND OUT THE ANOMALY, MOTIVATED HIM TO FILE THE WRIT PETITION, DRAFTED THE NOTICE OF DEMAND AND WRIT PETITION AND MY ADVOCATE CONTESTED THE SAME ON BEHALF OF SHRI MC JAIN.
NOW SHRI MC JAIN HAS FILED THE WRIT OF IMPLEMENTATION WHICH WAS ALSO DRAFTED BY ME AND AM PURSUING.
EARLIER AND EVEN NOW HE IS ACTING AGAINST THE PENSIONERS AND NOW HE IS TAKING CREDIT OF THE DISMISSAL OF SLP BY THE SC. REALLY STRANGE, HOW A MAN CAN BE SUCH CLEVER AND MISLEAD PEOPLE.
KML ASTHANA