Since The LIC Pensioners Are Worried
As To Whether Their Pension Related
Matters Come Up For Hearing Or Not,
I Am Explaining The Practice Followed In
Hon’ble The Supreme Court Of India, While
Allocating Work To Different Courts /
Court Halls
When Hon’ble Mr.Justice Y.K.Sabharwal Was Hon’ble The Chief Justice Of India / Hon’ble The Chief Justice Of Hon’ble The Supreme Court Of India, He Asked / Requested Mr.V.K.Jain, Who Was The Registrar (Judicial) Of Hon’ble The Supreme Court Of India At That Time, And Who Subsequently Became Registrar General / Secretary General Of Hon’ble The Supreme Court Of India And Also An Hon’ble Judge Of Hon’ble The Delhi High Court To Prepare A Hand Book Of Information-
“Containing The Practice & Procedure Of Hon’ble The Supreme Court Of India”, “For The Benefit Of Many Practising Advocates And The Litigant / Litigating Public / For The Knowledge And Information Of Ordinary Public As Well” And Accordingly Mr.V.K.Jain Had Prepared An Excellent Hand Book Containing The Practice And Procedure Of Hon’ble The Supreme Court Of India, In All Respects And Its Price Was Also A Nominal Rs.20/-At That Time. Thereafter Also It Went Into Some More Editions And Of Course The Price Was Subsequently Increased To Rs.30/-
The Content Of The Hand Book Is Very Useful Both To The Practicing Advocates As Well As General Public. They Are Available For Sale At The Reception Of Hon’ble The Supreme Court Of India, Where Passes For The Advocates As Well As The Visitors And Litigating Public Are Issued And Its Cost Is Not Prohibitive At All.
Now, Since The LIC Pensioners Are Worried As To Whether Their Pension Related Matters Come Up For Hearing Or Not On 20th January, 2016, I Am Explaining The Practice Followed In Hon’ble The Supreme Court Of India, While Allocating Work To Different Courts / Court Halls As Under:
1.On Mondays And Fridays, Normally, Admission And Miscellaneous Matters Only Will Be Taken Up, Which Are Also Called Miscellaneous Days, Whereas Full Days’ Hearing Will Be Held On Tuesdays, Wednesdays And Thursdays, Which Are Also Called As, Non-Miscellaneous Days.
The Practice Followed In Hon’ble The Supreme Court Of India For Allocation Of Work To Hon’ble Judges Of Hon’ble The Supreme Court Of Is As Under:
“Once A Matter / A Case Comes Before 2 Hon’ble Judges Of Hon’ble The Supreme Court Of India, Which Is The Minimum Strength Of All The Hon’ble Courts Of Hon’ble The Supreme Court Of India”—
“In / For All The Subsequent Hearings Of That Matter”, That Matter / That Case Should Come “Before The Same Hon’ble Presiding Judge”, “So Long As That Hon’ble Presiding Judge Is Available”, And “If That Hon’ble Presiding Judge Is Not Available For The Subsequent Hearings”, “Due To Any Reason”, “That Matter Should Go Before The Same Hon’ble Companion Judge”, “Who Was Part Of That Matter”, “Along With The Same Hon”ble Presiding Judge Who Was Earlier Hearing That Matter”—
“And Due To Any Reason”, “If Both The Hon’ble Presiding Judge”, “As Well As The Hon’ble Companion Judge” “Is Not Available For Hearing That Matter”—
“That Matter Will Be Listed Before Another Hon’ble Bench Of Hon’ble The Supreme Court Of India”, “Through Computers”.
I Am Particularly Mentioning This Matter, Because LIC Pensioners Are Worried That Their Pension Related Matters May Not Come Up For Hearing In Hon’ble The Supreme Court Of India, “As There Is A Change Of Hon’ble The Companion Judge”, Who Was Earlier Hearing Their Matter, Along With The Hon’ble Presiding Judge, Hon’ble Mr.Justice DIpak Misra.
I Hope That I Have Given Some Indication That LIC Pensioners Need Not Be Worried “Because Of The Change Of Hon’ble The Companion Judge”, “Who Along With The Hon’ble Presiding Judge, Hon’ble Mr.Justice DIpak Misra Was Earlier Hearing Their Pension Related Matters”. What Is More Important To Be Noted Is-
“So Far, It Seems, “No Substantive / Effective Hearing Had / Has Taken Place” In LIC Retirees’ Pension Related Matters”, “Barring Of Course, Payment Of 20% Of The Arrears Payable To LIC Pensioners”. Therefore, The Entire Pension Related Matter Of LIC Pensioners / Retirees, Will Be Heard By The “Newly Constituted Bench Of Hon’ble The Supreme Court Of India”, “Afresh” And I Don’t Think, That LIC Pensioners Will Lose Anything “On That Count At All”.
“Unless There Are Any Other Problems”,“In Hearing The Pension Related Matters Of LIC Pensioners Before Hon’ble The Supreme Court Of India”—
“LIC Pensioners Need Not Be Worried Of The Delay In Hearing Their Pension Related Matters By / Before Hon’ble The Supreme Court Of India”—
“By Sheer Change Of The Hon’ble Companion Judge Of Hon’ble The Supreme Court Of India”, “Who Was Hearing Their Pension Related Matters”, Along With The Hon’ble Presiding Judge Of Hon’ble The Supreme Court Of India, Who Happens To Be Hon’ble Mr.Justice Dipak Misra.What The LIC Pensioners Have To Keep In Mind Is That—
“No Effective Hearing Had/Has Taken Place In Respect Of Their Pension Related Matters”, “Before The Earlier Bench” “Of Hon’ble The Supreme Court Of India”, Means, “Before The Hon’ble Bench”, “Comprising The Hon’ble Presiding Judge, Hon’ble Mr. Justice Dipak Misra And Hon’ble Mr.Jutice P.C.Pant”. Therefore, There Not Be Any Problem In Starting The Hearing Of LIC Retirees’ Pension Related Matters “Before The Hon’ble New Bench”, Constituting, Of Course, Hon’ble Mr. Justice Dipak Misra And Hon’ble Mr.Justice N.V.Ramana. I Hope To That Extent, LIC Pensioners Need Not Be Worried That The Hearing In Their Pension Related Matters May Not Take Place, “Due To The Change In The Hon’ble Companion Judge”.
Now, To Satisfy My Fellow Pensioners, I Am Quoting The Relevant Material From The Hand Book Of Information, Containing The Practice And Procedure Of Hon’ble The Supreme Court Of India [Third(Revised)Edition], To Which, I Made A Reference Hereinabove, And It Reads As Under:
[This Material, Of Course, Can Be Obtained From] [The Website Of Hon’ble The Supreme Court Of ] [India As Well]
Chapter VI.
A.Allocation Of Benches.
(I) The Matters Expected To Be Filed In The Supreme Court Have Been Divided Into 47 Subject Categories Which Have Been Further Divided Into Various Sub-Categories. Each Fresh Matter Is Categorized As Per Those Subject Categories. Each Subject Category Has Been Allocated To One Or More Judges And That Allocation Has Been Fed Into The Computer. Subject To Orders Of Hon’ble The Chief Justice Of India, Fresh Matters Are Allocated To Them Through Computer, As Per The Subject Category. Since The Allocation Is Made By Computer, As Per Subject Category , There Is No Scope For Any Bench-Hunting.
(Ii) Coram By Filing Counter:
In Order To Ensure That As Far As Possible, Matters Involving Same Question Of Law And The Matters Arising Out Of The Same Cause Of Action Are Heard By The Same Hon’ble Judges, The Following Practice Is Being Followed By The Registry Of The Court In Fresh Matters:
If Two Or More Fresh Matters Arise Out Of The Same/Common Judgment Of The Court Below, They Are Tagged And Listed Together.
If One Or More Matters Arising Out Of The Same / Common Judgment Have Already Been Listed Before / Disposed Of By A Bench, Any Subsequent Matter Arising Out Of That Judgment Is Listed Before The Hon’ble Presiding Judge Of That Bench. If The Hon’ble Presiding Judge Has Retired Or Is Not Available, The Matter Is Listed Before The Other Hon’ble Judge, Member Of That Bench. If Both / All The Hon’ble Judges, Members Of That Bench Have Retired, The Matter Is Listed Through Computer, As Per Subject Category.
If The High Court Has Disposed Of Two Or More Cases, By Separate Orders, But, Relying Solely Upon One Particular Judgment, Fresh Special Leave Petitions Arising Out Of Those Orders Are Tagged Together. If One Or More Such Matters Have Already Been Listed Before / Disposed By A Bench, The Subsequent Matter Arising Out Of Such An Order Is Listed Before The Same Hon’ble Presiding Judge, If Available. If The Hon’ble Presiding Judge Has Retired Or Not Available, The Matter Is Listed Before The Other Hon’ble Judge Member Of That Bench. If Both/ All The Hon’ble Judges , Or Members Of That Bench, Have Retired, The Matter Is Listed Through Computer, As Per Subject Category.
If An Identical / Similar Matter Has Been Disposed Of By Or Is Pending Before A Bench, The Newly Filed Matter Is Listed Before The Hon’ble Presiding Judge Of That Bench, If Available At That Time. If The Hon’ble Presiding Judge Has Retired Or Is Not Available The Matter Is Listed Before The Other Hon’ble Judge Member Of That Bench. If Both / All The Hon’ble Judges Members Of That Bench Have Retired, The Matter Is Listed Through Computer, As Per Subject Category.
If A Special Leave Petition/ Appeal Has Already Been Listed Before Disposal And Another Special Leave Petition /Appeal Arising Out Of The Same Cause Of Action Is Filed, It Is Listed Before The Hon’ble Presiding Judge Of The Same Bench, If Available. If The Hon’ble Presiding Judge Has Retired Or Is Not Available, The Matter Is Listed Before The Other Hon’ble Judge, Member Of That Bench. If Both / All The Hon’ble Judges, Members Of That Bench Have Retired, The Matter Is Listed Through Computer, As Per The Subject Category.
B. Listing.
(I) Division Of Work:
List Of Business In The Supreme Court Has Been Categorized In Two Parts. Part -1 Comprises Admission Matters And Part-II Comprises Regular Hearing Matters. Admission / Miscellaneous Matters Are Normally Listed On Monday And Friday, Whereas Tuesday, Wednesday And Thursday Are Earmarked For Regular Hearing Matters.
SN ADDS...
The sub paragraph "(vi) Priority Listing of certain matters" of Paragraph B- Listing : "S.C.I. - Practice and Procedure - A Hand Book of Information" (cf : the Website of the S.C.I. and Adv. Shri N. Pradeepkumar's note) reads as under :
- "Cases of certain categories such as (i) cases of accused in jail, (ii) cases of senior citizens, (iii) cases of out of job persons, (iv) cases under Prevention of Corruption Act, (v) Matrimonial Cases, (vi) group matters, (vii) cases required to be heard by 3-Judges Bench and (viii) old matters are accorded priority in listing for regular hearing, in order to ensure that such cases are heard and disposed of expeditiously. For this purpose, all cases of these categories are included in the Terminal List and while generating weekly list and daily list, computer automatically gives the specified priority to such matters."
The cases of senior citizens and old matters are among the matters accorded priority in listing for regular hearing, in order that such cases are heard and disposed of expeditiously. The intentions are very clear and very nice. But, what is not clear whether our case which was to come for hearing on 20-01-2016 is included in the Terminal List (if so, it's position). It is equally difficult to understand how the computer automatically gives specified priority to such matters. Those who have the 'full' and Computer Knowledge will know.
SN
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