SUPREME COURT ORDER DT. 7-5-2015
The Supreme
Court covers all the
4 civil appeals of L.I.C and also
the S.L.P filed by the G.O.I. Can any one throw some light on the C.A
No.9409-9410/2013 in which the respondent
is Mr. Muralidhar Gupta and others.
The positive points of the order
are:
1. The Apex Court observed
that “ the matter relates to grant of enhancement of
pension” so the case shall be listed
among the top 5 on 23-9-15.
2. The direction to L.I.C to
pay 20% of the amount due to the respondent employees
as ad interim measure from out of the amount deposited by the L.I.C in the High Courts. L.I.C
has to pay 20% directly to the respondent
where deposit was not made
into H.C (Delhi). Of course this payment is subject to the final disposal
of the matters in the C.As.
The S.C is not
aware that the deposit amounts
paid into the H.Cs by the L.I.C were not
worked out properly by the
L.I.C. further no amounts were deposited in respect
of post Aug.97 petitioners
of the Jaipur
H.C.
The amounts deposited in
Chandigarh H.C were also not calculated
properly. Now what is the guarantee that the L.I.C will calculate
correctly the
amounts to be paid to the pensioners relating to the Delhi High Court. Sri
G.N.S promised to pursue
the pension updation also . Then
calculations should be made
for class 1 pensioners of pre and post Aug.97. So S.C
should be told about the mischief
played by L.I.C and ensure that S.C directs L.I.C to
submit the individual calculation
sheets for each pensioner
into the court which should
also be okayed by the original petitioners of the High
Courts. Otherwise we should not
accept the interim payment or accept it under protest only.
Coming to the
S.L.P of the G.O.I condonation of delay is not at all justified. G.O.I
was respondent at all the High Courts but chose to keep quite and remained ex-parte.
Now G.O.I is also
made respondent in the Civil
Appeals . So where is the need to
admit the S.L.Ps of G.O.I condoning the delay of more than
5 years. Any way G.O.I as respondent
will have opportunity to put
forth their points . So the admission of S.L.P
of G.O.I will be travesty of justice. Now that only 6 weeks time is given for submitting
the counter by the
pensioners, the case managers should
bestow special attention
in the matter to counter each
point raised by L.I.C /G.O.I to expose the
game played by them to perpetuate injustice
to the pensioners. It is now or never situation for us.
So the case managers should stop their blame game work out common strategy
to fight unitedly to take
full advantage of the mood of
the S.C. Bench. We reached
the final phase so the need of the hour
is patience and perseverance to
undo the injustice perpetrated
against the pensioners.
