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Saturday, June 20, 2015

LIC's COMPLIANCE WITH SC ORDER DT 7/5/2015‏

DEAR ALL,

I summarise hereunder the latest position on  LIC ‘s compliance( or failure to comply) with Supreme Court’s interim order dt 7/5/2015  as per message gathered by Mr R B Kishore from Jaipur DO I  & Chandigarh D O (as conveyed in his emails)

JAIPUR PETITIONERS
  • Jaipur DO will pay 20% of the amounts deposited earlier in respect of 19 petitioners only.
  • The amount deposited was approximately Rs 19 lacs,(actual amount deposited was Rs 19,63,638).
  • The amount has not yet been paid. LIC will make an application after the HC reopens on 29 June 2015.
  • After receiving the amount, they will pay to these 19 petitioners, 20% in the same proportion in which original amount was deposited.  
CHANDIGARH PETITIONERS
  • As petitioners had raised objections to the LIC’s calculations, LIC Chandigarh DO has made a reference to LIC CO Personnel department. They have not received the reply. Follow up is being done.
  • There are 31 petitioners and the amount deposited was Rs 33,67,838
  • As contempt case is listed for hearing in HC on 20/7/2015, Central Office Personnel department is being reminded and the DO will act as per CO instructions. 
DELHI PETITIONERS
  • As per legal opinion obtained by Central Office, clarification/s will be sought  from the Supreme Court after its reopening in July 2015 after the summer vacation.
INDICATIONS FROM THE ABOVE:
  • The inadequacy of the amount will be maintained by LIC even in payment of interim relief.
  •   20% of ‘due amount’ will not be paid to respondent-employees(petitioners),as there will  be no removal of DR anomaly before 1/8/1997, no upgradation of pension, and freezing of the amount upto  October 2013 in case of Jaipur and upto April 2014 in case of Chandigarh denying even the faulty(inadequate) dues for further period upto May 2015.
  • There will be no interim relief for post July 1997 retiree-petitioners at Jaipur( All petitioners in Chandigarh are pre- August 1997 retirees).
  • Technically there will be recovery of 20 % of the total recoveries in respect of family pensioners adjusted while making payment in the HC registries. Ironically this will be interim relief in reverse provided to the Corporation by the already distressed  family pensioners of petitioners!
LOOKING AHEAD

The three sets of petitioners  have a definitely strong option to file a contempt petition against LIC for non-compliance with SC’s order dt 7/5/2015.While being fully prepared to exercise that option, as and when LIC approaches the Supreme Court for clarifications, the petitioners will get an opportunity to make their submissions in response to LIC’s prayers. The petitioners then have to seek a modification of the SC interim order spelling out clearly how LIC will have to determine and pay the interim relief. The order dt 7/5/2015 seems to have been taken advantage of LIC as a certificate for LIC having deposited the correct amount in the HC registries at Jaipur & Chandigarh which is not the case.

MAY THE PETITIONERS IN THE CASES UNITE!

With greetings,

C H Mahadevan