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Sunday, May 17, 2015

My response to Chat-n-Chat comment

Q.B.D.Bhargava: Has anyone real meaning of the order?

My response:

The meaning as I make out is as follows:
  • LIC has to pay 20% of arrears due to the  original petitioners as per the impugned judgments (note the plural) of the High Court(s) viz. Rajasthan High Court, Punjab & Haryana High Court and Delhi High Court;
  • The post-July 1997 retirees who are also petitioners in the Jaipur Writ are also entitled to  the 20% interim relief as they are also deemed to have succeeded in the Jaipur  case:
  •  20% of the amounts deposited in the Jaipur HC Registry  have to be released by Jaipur Bench  to LIC for payment to the respondent-pensioners:
-  It does not necessarily mean that LIC has to wait for the release of the amount to pay to the pensioners concerned as there is a deadline for six weeks within which the interim relief is to be paid( as there is a possibility of delay in obtaining release of the amount from HC);

-  It also does not mean that LIC has to pay only the amount deposited; it only means that the pensioners concerned will have to be paid the full amounts due to them as per the Jaipur HC Bench judgment which will be definitely more than what has been deposited in the HC Registry and keep the amount withdrawn from the High Court with itself.
  • The release of the amount deposited in the Chandigarh HC Registry is not covered by the SC Order as opined by Mr M Srinivasa Murty as the amount was not paid by LIC as per any order of the Supreme Court but only as undertaken by LIC itself: so the   original petitioners of Chandigarh writ will have to be paid interim relief with no tagging of release of the amount by the High Court;
  • As far as Delhi case is concerned, all the  pre-August 1997-retiree members of the Federation of Retired Class I Officers’ Associations  will  only be eligible for the interim relief.(Extension of the benefit in rem  will arise for all eligible pre-August 1997 retiree Class I Officers of the Corporation only when the final judgment of the SC upholds  the Delhi HC judgment on or after 23/9/2015);
  • Interim relief has to be paid within six weeks from 7/5/2015.
TAIL PIECE:

It is anybody’s guess as to what will be the real meaning of the SC order for LIC!

Greetings.

C H Mahadevan