SHRI KML ASTHANA has made available the following information.
He adds "I have been giving detailed informations these two days on the mobile and phone."
Procedings on 7th a brief resume
"PLEASE SEE THE FOLLOWING STATMENT and beware of misleading
informations. kml asthana"
SHRI KML WRITES
I have been waiting for the copy of the order of the Hon’ble
SC which was passed on 7/5/2015 in our case. But since I have not
seen the copy of the order, I am writing this note of the proceedings in short
to apprise you of the said proceedings. I have been giving detailed
informations these two days on the mobile and phone.
On this the Court suggested to give 20% out of the arrears.
LIC’s Advocate said that they have already deposited the arrears in the Courts,
then the Court making it easy said that then 20% be immediately paid to the
pensioners. I immediately stated that this is wrong statement of LIC
counsel. The said deposit was not acceptable to us otherwise we would have drawn
the same then and there, that is not AT ALL acceptable, the deposit has not
properly been made and is based deliberately on incorrect calculations that too
for DA/DR only in violation of the directions of the SC while our main case is
of upgradation of pension with every wage revision and further that amount is
not for pensioners and not even of all the petitioners. 7 have been left out,
whether they are not entitled to get the benefit of the same judgment when our
writ petitioners were allowed without exception.
Then the Court enquired and expressed its displeasure on the
wrong statement of LIC Advocate and after our Advocates gave out a short
summary of our case, the Court corrected the order and asked for making 20% of
the arrears to the pensioners as per the judgment of Jaipur High Court. The
payment has been directed to be made within six weeks.
There was no one from the side of Chandigarh HC to say
whether those petitioners are agreeable or not to lift the amount deposited
there. It was only on our objection that the order was corrected.
Then the UOI Advocate rose up and said that they have also
filed SLP on which our Sr. Advocate said that it is delayed by more than four
years and the delay should not be condoned since UOI had always been a party in
all the Courts. The Court after hearing directed for issue of notice within
four weeks of the application for condonation of delay on me and the
Petitioners of Jaipur HC writ. After service we have to file our
objections within six weeks and the UOI has to file its reply within two weeks
thereafter, if so desired.
As per the deliberations of 7th the 20% of the arrears
of difference of Basic Pension (including DR, of course) has to be made to all
the pensioners within six weeks since the Court has already expressed more than
once that whatever be the order it will apply to all and the judgment of Rajasthan
High Court is for all, Chandigarh followed 100% copying and Delhi HC based on
Jaipur judgment also directed to be in rem.
Besides this I may also inform that wrong notions are being
spread for oblique motives by some over-intelligent persons that interest has
been awarded by P&H HC on the arrears. The judgment of that HC
after reproducing the judgments of Jaipur judgments has said that whatever
relief has been given by Jaipur HC the same will be applicable to that judgment
and Jaipur HC has not granted any interest.
I have tried to give some informations of 7th which I
could hear and also participate since I was standing with the arguing
Advocates. Except Our Advocates no other Advocate had any occasion to speak.
This payment will give us some respite in these hard days.
As per the little knowledge I feel that we should not hurry
up for accepting the money when it comes to be paid unless calculations are
given since as in the past there is every chance of LIC playing unfairly with us
and if there be any lacuna the same may be informed to Shri S.S. Saxena, All
India President AIRIEF and me.
Thanks,
KML Asthana