Ecircular No.DK/30 30-07-2018 (9-30hrs)
Friends,
Friends I have just returned from Lucknow after attending their AGM on the 27th. I am not too well now and won't make this a long one. The beauty of the AGM at LKO was that nearly a hundred members attended, in spite of incessant heavy rains. The A/C conference Hall of LIC was the venue and it had a beautiful semi-circular setting of seats in two rows. The President, Sri S C Joshiji, set the tone for the deliberations by placing before the House certain basic questions, which he wanted me to answer. Sri Awasthiji the Secretary, added his own questions too. I could carry some inside information to the members on the matters relating to the case , now in Court.
Meanwhile I received an additional despatch from Shri O P Vasisht, giving greater details of the Hearing on the 26th.
I give below the extract from his Report:
Our case was taken up by the senior advocate Mr. Vijay Hansariya who represented our federation. He was the first to initiate the submissions before the Bench. His forceful arguments were the substantial part of the discussions put before the Bench in appx. 1.5 hrs.
Mr. Hansariya started his arguments for up gradation of pension by charging the LIC for wrong interpretation of DHC judgement on minimum. pension. He placed before the Bench various SLP's /DHC judgement and violation of Art 14 and 21 of the constitution for supporting our demand of pension up gradation. While stressing our demand for pension up gradation, Mr Hansariya referred the judgement of Rajasthan HC delivered by justice Bhandari and the recommendation of LIC's Board to the govt. He also cited before Bench, judgement given by Honourable SC in the matter of DS Nakara and Krishan Kumar etc.
Mr.Hansariya put before the court that DHC has already given to the pensioners, the benefit of " min. pension" and it should be corresponding to the pension derived at minimum of the revised pay scale {on every revision} for each cadre. He also placed on record {after some correction in his statement} that our demand is not OROP. It is different than that and even less than it. He also submitted before the court that benefit of 3A given by DHC is yet to be given by the LIC to the pensioners.
The Bench asked Mr.Hansariya as to how your demand is different from OROP. While replying this question Mr. Hansariya gave some clarifications and said difference between min. pension on the lowest revised scale shall always be lesser than stage to stage fitment.S
The judges who were seemed to be convinced on the argument placed before them by Mr.Hansariya became little different when LIC counsel put before them, that min. pension reference in DHC judgement, is given in different context. Both judges had consultations with each other in very low voice. It was almost pin drop silence for 10-15 min. in the court room.
There after justice Lokur and justice Gupta broke the silence and asked LIC Counsel as to why the benefit of 3A is not paid till now. Mr. Panigrahi wanted six weeks time, which court did not agree and asked him to report back to the court on Monday ie 30th july 2018 the time line by which LIC is going to comply with the payment as per 3A. On the pension issue court said it requires further discussions which should be resumed on Monday{ ie 30th July 2018} and judges end the day's proceedings.
I sent a brief msg on above, from courts compound, at about 4.15PM. to all LC members and Gen.Secty, standing outside the Advocate Chamber in the rains, holding umbrella in one hand and using mobile by other hand because signals were not coming inside the covered area. Under such uncomfortable situation how much one can write.
Hope, Monday the 30th july 2018, may bring some good news for all of us. === O P Vashisth
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With greetings
D. Krishnan (Gen. Secretary),
CHENNAI.
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