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Thursday, August 3, 2017

G N S informs

Follow up of other Legal matters

It is natural that with the SLP having been filed we have started receiving enquiries on other matters requiring judicial remedy. One of them is the vexed problem relating to the re- fixation of pensions for those who had retired between 1/8/92 and 31/3/93.

As members are aware that efforts to persuade the authorities to implement the decision in MC Jain's case to all similarly placed pensioners having not borne fruit, we caused a legal notice to be sent to  LIC & Govt. on 1/6 2017 and  though sufficient time has elapsed since then, there is no indication of a favourable response from concerned quarters. We note that we have three or four options to proceed legally.

1) Go straight to the Supreme Court by filing a Writ under the Constitution seeking a direction that the order in MC Jain's case be extended to all pensioners who had retired during the period in question. (Apart from the cost aspect it should be noted invoking the direct jurisdiction of the SC will not be very easy)
2.) File a fresh writ in Bombay High Court as it has jurisdiction over the Central Office of LIC as filing a Writ in any other High Court and if we succeed LIC will merrily continue with their narrow approach that the decision can be implemented only in respect of the concerned petitioner as they have done in MC Jain's case.
3) File an impleading petition in Kerala HC in the already pending Writ petition No.6228 of 2009 filed by two individuals M/s KNG Kurup & C Krishnan. (If this course is taken we can perhaps seek implementation 'in rem' of a favourable order by bringing in Central Office and finance Ministry as parties citing verdict of SC in MC Jain's case).

In this scenario we shall be shortly consulting our counsels both in Delhi&   Kerala and take a final call on the forum of action  as early as possible. We assure that a positive action will be taken and the concerned pensioners duly informed.
                                
 -------------------------------+   a correction +-------------------------------------------------------
Please refer to our circular Dt.28/7/ 2017 carrying an Appeal for contributions to Assam Food Relief. We find that an inadvertent error had crept in, the address of the Secretary of our Guwahati Assn mentioned as Shri Khargeswar Kalita. It should read as ''Anil Nagar Sree Path, Bye lane 6,House No 1,Rajgarh Link Road Guwahati 781007". The error is regretted - Gen.Secy
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