DKrishnan GS writes and adds " we will come back.......when movement happens."

E circular No.DK/32                                    1-08-2018

Friends,

One of the fruits of our hard labour, is showing up at last. It is learnt, that getting an interim Order in writing by the SC on one aspect, when almost  the rest of the  full case, is yet to be debated and decided, reflects on the efforts put in by our Counsels and their spirit of dedication to our cause. If this Order, as reproduced here, were not there in clear writing, we could still have been kept wondering how the LIC would go about it in terms of Payments being done , where, as per earlier experience, there has always been gaps between our version of calculations and that of the LIC.  It is now our expectation and fond hope that the written word being common to both sides, they would find it difficult to manufacture ruses to twist facts to deny correct benefits to us. Yes, strictly, as per the inaccurate percentages worked out and prescribed in the Delhi High Court judgment, 100% Neutralization may still elude. But in view of the difficult path traversed up to here, we may as well be more practical, and acquiesce into this reality, rather than cause further delays by raising a point on this. This then comes as a great point won, particularly in the context of the recent negative SC judgment on a similar issue for Banks.

It is worth mentioning here that , though there were 6 petitioners in the fray, the brunt of the load was carried by our counsel , which alone could fetch this interim result for us. It is a monumental achievement for us that we could exert positive pressures on the Bench, in this recent phase of the Hearings, which spanned nearly a week, with some gaps in between. Our two Advocates stood by as a close fighting unit to get the SC to bring this matter of DR for pre-97 retirees amongst us, to a positive conclusion. Reproduced here is the Order of the SC  which in the last part of it, states unmistakably that from the 30th July, within two months, the LIC will have to complete the process of making payments to all eligible retirees. It also states that , the payments will need to be worked out as per the DHC judgment , which incidentally also speaks of raising the minimum pensions, where these DR arrears may make a considerable difference to those in that bracket of low pensions.

We will come back with more information later, as and when movements happen.

With greetings                            

  D. Krishnan (Gen. Secretary),    CHENNAI.

 ORDER

ITEM NO.58               COURT NO.3               SECTION XIV

               S U P R E M E  C O U R T  O F  I N D I A  

                    RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C)  No(s).19799/2017

(Arising out of impugned final judgment and order dated  27-04-2017 in WP No. 5868/2016 passed by the High Court of Delhi at New Delhi)

ALL INDIA INSURANCE PENSIONERS ASSOCIATION THR. ITS PRESIDENT & ORS. Petitioner(s)

                                VERSUS

UNION OF INDIA & ORS.         Respondent(s)

WITH SLP(C) No. 27963/2017 (XIV) (WITH IA No.70987/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 20929/2017 (XIV)

SLP(C) No. 21206/2017 (XIV) (WITH I.R.)

SLP(C) No. 30000/2017 (XIV) (WITH IA No.91874/2017-PERMISSION TO FILE LENGTHY LIST OF DATES and IA No.95721/2017-I/A FOR DELETION OF PERFORMA RESPONDENTS)

SLP(C) No. 28873/2017 (XIV)

Date : 30-07-2018 These petitions were called on for hearing today.

CORAM :          HON'BLE MR. JUSTICE MADAN B. LOKUR         HON'BLE MR. JUSTICE DEEPAK GUPTA

For Petitioner(s) Mr. H.N. Nagmohan Das, Sr. Adv. Mr. Mullapudi Rambabu, Adv. Mr. N. Eswar Rao, Adv. Ms. Vijayshree Patnaik, Adv. Mr. Naveen Nagarjuna, Adv. Mr. Ravi Shanker, Adv.                 for M/S.  M. Rambabu And Co., AOR          Mr. Gyan Prakash Srivastava, AOR

Mr. R.K. Singh, Adv. Ms. Neeraj Singh, Adv. Mr. Kumar Gaurav, Adv. Ms. Ritu Renuwal, Adv.

Mr. P. Dayal, Adv. Ms. Priyanka Agarwal, Adv. Mr. Rameshwar Prasad Goyal, AOR

                 Mr. Vijay Hansaria, Sr. Adv. Mr. Rajiv K. Garg, Adv. Mr. T. L. Garg, AOR

                 Mr. Jay Savla, AOR Ms. Renuka Sahu, Adv.                   For Respondent(s) Mr. Ranjit Kumar, Sr. Adv. Mr. Ashok Panigrahi, AOR Mr. Anmol Taval, Adv.

                  Mr. Maninder Singh, ASG Ms. Kiran Suri, Sr. Adv. Mr. Sarad Kumar Singhania, Adv. Ms. Kanika Saran, Adv. Mr. Santosh Kr. Vishwakarma, Adv. Mr. Prabhas Bajaj, Adv. Ms. Alka Agrawal, Adv. Mr. R. Bala, Adv. Ms. Arunima Dwivedi, Adv. Mrs. Anil Katiyar, AOR                   

UPON hearing the counsel the Court made the following        O R D E R

Exemption from filing C/C of the impugned judgment granted.

 Permission to file lengthy list of dates granted.

Application for deletion of proforma respondents is allowed at the risk of the petitioner.

It is stated by learned counsel appearing on behalf of the Life Insurance Corporation that the amount payable  to the petitioners under the judgment of the High Court  will be paid within a period of eight weeks from today.

 We expect the Life Insurance Corporation to abide by the statement made by learned counsel and to file an affidavit of compliance soon thereafter.

 List the matter on 11th October, 2018.

  (SANJAY KUMAR-I)                (KAILASH CHANDER)     AR-CUM-PS                          COURT MASTER