Re: Kolkata HC Judgment-My response to Mr G N Sridharan

Subject :Kolkata HC Judgment-My response to Mr G N Sridharan I wish to respond to the post in the Pensioners' Chronicle by Mr G N Sridharan: I do not quite agree that the judgment of the Single judge Bench order of Kolkata HC will help our pensioners' cases any better than the three judgments at Jaipur HCB, PB & H HC and Delhi HC in respect of which Civil Appeals are before the Supreme Court with SC having refused to stay the three HC judgments while granting leave for appeal. We need to keep in mind that the Kolkata HC judgment has been delivered by a single judge and there is a fair possibility of appeal to the Division Bench and Review Petition as also a SLP if the aggrieved party resorts to these steps. When all the three CAs are tagged together, in my view, it is unlikely that Delhi HC order will be upheld leaving out the other two judgments, as the Delhi HC has based its verdict on the Jaipur HC Bench Order. If Delhi HC Order is to be upheld, then per force the Jaipur Bench Order has to be upheld by the Supreme Court and along with these, the PB & H HC order as well. Only then the real benefits will flow to all pensioners, both pre August 1997 and post July 1997 retirees. By now it is very well known that LIC was only willing to remove DR anomaly and provide equitable neutralisation to pre-August 1997 retirees which decision was however held back after the 12/1/2010 judgment was delivered by the Jaipur Single judge Bench. If more focus is given on implementation of the Delhi HC judgment relegating the other two judgments, there is every risk of LIC getting away with its own interpretation of the LIC Board Resolution and the judgment and ending up with paying less than what they were legally obliged to do as we had experienced from the payments made in the Jaipur & Chandigarh HC Registries under the contempt petitions before the two HCs. If Jaipur HCB and Chandigarh judgments are implemented, the benefits that flow to all the pensioners will be much more than what has been sought in the WP in the Delhi High Court. So the endeavour of all the three counsel will have to be to concertedly ensure that all the Civil Appeals are dismissed which will be the only way in which the interests of the entire fraternity of pensioners will be admirably served . With greetings, C H Mahadevan Get your own FREE website, FREE domain & FREE mobile app with Company email.   Know More >