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Friday, 10 April 2015

NOTHING IS WRONG- OUR CASE IN SUPREME COURT ON RIGHT PATH.

DEAR FRIENDS,
                                        
AT THE OUT SET , I , AS AN ORDINARY MEMBER OF PENSIONERS FRATERNITY,  BEG TO APPEAL
ALL MY FRIENDS WHO ARE ACTIVELY INVOLVED IN THE WELFARE OF  RETIRED LIC EMPLOYEES
TO PLEASE LETS SHED ALL PREJUDICES & INHIBITIONS AT THIS POINT OF TIME AND AGE, AND HAVE 
FULL FAITH IN THE JUDICIARY AND OUR  ADVOCATES, ACTIVE PETITIONERS/MANAGERS AND THE AIRIEF
WHO WILL LEAVE NO STONE UNTURNED TO GET FULL JUSTICE. 
AFTER THE ORDER DT. 8.4.15 OUR CASE IS NOW ON RAILS  AND WE CAN EXPECT POSITIVE RESULTS IN THE NEAR FUTURE.

Lots of rumours and false propaganda is being carried out and   some blogs  too are   publishing corrections, cartoons  etc.
about  the proceedings in the Supreme Court on 8.4.15, without thoroughly going through the agenda before the Hon SC Bench 
and their orders dated 8.4.15. 

TO REMOVE  CONFUSION, IF ANY,   I HUMBLY SUBMIT AS UNDER:-

THE FACTS ARE CRYSTAL CLEAR  IF ONE READS THE AGENDA BEFORE THE HON'BL DIV BENCH OF THE SUPREME COURT AND ITS ORDER DATED 8.4.15, WITH AN OPEN MIND AND WITHOUT ANY BIAS OR PREJUDICE.
----------------------------------------
AGENDA---   SUPREME COURT ,  COURT NO.  5
APPEALS AND WRIT PETITIONS FOR HEARING   - ON 8.4.15.
 PART-HEARD 101.
 C.A. NO. 8959-8962/2013 XV PH LIC OF INDIA AND ORS VS. KRISHNA MURARI LAL ASTHANA AND ANR ETC. (WITH APPLN. (S) FOR DIRECTIONS AND DISMISSAL OF APPEAL AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND OFFICE REPORT) MR. ASHOK PANIGRAHI MR. RAMESHWAR PRASAD GOYAL
 WITH
 C.A. NO. 6995/2013 (S. IV) (WITH APPLN. (S) FOR IMPLEADMENT AS PARTY RESPONDENT AND IMPLEMENTATION OF COURT'S ORDER AND OFFICE REPORT) ,
 C.A. NO. 9223/2013 (S. XIV) (WITH APPLN. (S) FOR INTERVENTION AND OFFICE REPORT) ,
 C.A. NO. 9409-9410/2013 (S. XV) (WITH INTERIM RELIEF AND OFFICE REPORT) ,
 S.L.P.(C)... /2015 CC NO. 5437-5440 (S. XV) (WITH APPLN. (S) FOR C/DELAY IN FILING SLP AND C/DELAY IN REFILING SLP AND OFFICE REPORT) MR. ASHOK PANIGRAHI, MR. B. KRISHNA PRASAD MR. JAY SAVLAMR. SAJITH. PMS. SUSHMA SURI, DR. KAILASH CHANDMR. JAY SAVLAMR. SAJITH. PMR. T. L. GARGMS. SUSHMA SURI [ ON THE TOP OF THE LIST ]
-------------------------------------------
THE AGENDA INCLUDES APPEALS OF LIC AND FRESH SLPs OF GOVT;{ FOR WHICH AS REPORTED BY by Sh Sree Nivasa  Murty M & published in LICPC on 25.3.15)MR.SAVLA COUNSEL IN CHANDIGARH CASE INTERVENED OUT OF TURN AND  REQUESTED THE BENCH TO LET GOVT IN, HEAR  ITS  APPEALS AND DECIDE THE MATTER, and  CASE WAS ADJOURNED TO 8.4.15

NOW PLEASE GO THROUGH  THE ORDER DATED 8.4.15 OF THE DIVN BENCH OF THE SUPREME COURT ITEM NO.101 COURT NO.5 SECTION XV WHICH INTER ALIA STATES  " These appeals were called on for hearing today."

 S U P R E M E   C O U R T  O F   I N D I A  
RECORD OF PROCEEDINGS
Civil Appeal Nos.8959-8962 of 2013
LIC OF INDIA AND ORS Appellant(s)
 VERSUS
KRISHNA MURARI LAL ASTHANA AND ANR ETC.
Respondent(s) WITH C.A. No.6995/2013 (With appln.(s) for impleadment as party respondent and appln.(s) for implementation of Court's order and office report) C.A. No.9223/2013 (With appln.(s) for intervention and office report) C.A. Nos.9409-9410/2013
(With interim relief and office report) S.L.P.(C)...CC No. 5437-5440/2015 (With appln.(s) for c/delay in refiling SLP and appln.(s) for c/delay in filing SLP and office report)
Date : 08/04/2015
 These appeals were called on for hearing today
CORAM : 
 HON'BLE MR. JUSTICE DIPAK MISRA 
 HON'BLE MR. JUSTICE PRAFULLA C. PANT
UPON hearing the counsel 
the Court made the following 
O R D E R 
( FIRST PARA OF THE ORDER IS...............

Mr. Nidhesh Gupta, learned senior counsel appearing for the respondents has raised a preliminary objection that the present appeals are not maintainable, inasmuch as the judgment which is impugned in the present appeals was assailed earlier in S.L.P.(C) Nos.16117-16118 of 2011 and this Court on 15th July, 2011 had disposed of the same. ................................
...........................................
..........................................
(  NOW  READ BELOW THE PENULTIMATE PARA OF THE ORDER WHICH IS IN RESPONSE TO MR NIDESH GUPTA'S PREL. OBJECTION)
................................Apart from hearing this preliminary objection, we are also intended to hear the case on merits.
Learned counsel for the parties are requested to come prepared to argue the matter on 22nd April, 2015. 
List the matter on 22nd April, 2015. ..........................................
 ---------------------------------------------------------
SO FRIENDS,
THERE IS ORDER FOR HEARING THE PRELIMINARY OBJECTION THAT THE PRESENT APPEALS (ALL INCLUDING UOI SLPs) ARE NOT MAINTAINABLE AND COURT ALSO INTEND TO HEAR THE CASE ON MERIT. THAT MEANS THE COURT WILL CONCLUDE THE ARGUMENTS TOO TO FINALLY DECIDE THE CASE. MAY BE ONE OR TWO ADJOURNMENTS.

 Mr. Nidhesh Gupta, learned senior counsel appearing for the respondents  has rightly dealt with the case raising a preliminary objection that the present appeals are not maintainable and the court also passed requisite orders which will lead the case to culminate (of course in our favour as we all wish).

LET THERE BE  NO CONFUSION OR DOUBT.  OUR CASE IS BEING DEFENDED PROPERLY IN A REQUIRED/DESIRED WAY,  AND I FEEL PLEASURE TO APPEND A PARA FROM SH.  M V Venugopalan''s article " THE WAY FORWARD" published in LICPC  yesterday (9.4.15).
"Quite a few of our contributors agree that, in fighting our case we 
have to give the primacy of place to Shri.Asthanaji. Both the Punjab
and Delhi cases where we tasted victory have drawn inspiration and
judicial wisdom from Honble.Bhandari's Jaipur judgement. Asthanaji is
not just fighting for Upgradation of Pension alone but also for parity
of DR between the Pre -1997 and post-1997 pensioners.* He is a
gladiator, fighting the case for over a decade for the sake of the
pensioners. I had the good fortune of going through many of his
rebuttals which were unassailable and bore the stamp of a prudent and
erudite lawyer, while our case was in the Jaipur Highcourt. No one can
say that it was the handiwork of dame luck. Why not give him the
place and prominence that he deserves and take him into the fold as
the chief co-ordinator. 
Let us not forget that by inflicting hurt on 
him by way of innuendos and insinuations we are only paving the way 
for more unpalatable reactions from him."*(while his gain is
only of less than Rs. 1000 that is the difference of DA/DR for seven months alone.)

Let there be no unnecessary innuendos and insinuations at this crucial stage,
and  I am confident and  feel that Mr.Asthana will not be averse to any constructive new
proposition /idea.

LETS HAIL PENSIONERS UNITY.         TRUTH WILL TRIUMPH.  HAVE FAITH AND PATIENCE.
WITH KIND REGARDS & BEST WISHES FOR GOOD HEALTH TO ALL
H K AGGARWAL