Dear Friends,
I do not find any cause by reading the SC Order for celebrating by congratulations.
The Court has only said that the preliminary objection ( to granting liberty to LIC to file another SLP).Apart from this, the Court intends to hear the case on merits. What does it mean?
Theoretically to me it appears that there are two outcomes possible:
1) OUTCOME A
The SC upholds the preliminary objection. This will mean that the Civil Appeal Nos 8959-8962 becomes non-existent with SC revising its earlier decision to grant liberty to file SLP against the Jaipur DB appeal. The effect of this will be that Jaipur DB verdict is upheld by Supreme Court. In that case it is anybody's guess how LIC will interpret the Jaipur judgment and to whom(i.e whether to the 26 original petitioners or to all eligible pensioners) they will pay the benefits of the judgment.
Secondly, will such a revised decision of the SC kill the other two CAs tagged to the first CA? I do not think so .They have to be carried to their logical conclusions.
Added to that the SLPs of the GOI will also be there before the SC to be decided upon on 22/4/2015.If leave is granted thereunder , we will be in for further prolonging of the case with possible adjournments.
Thus under this outcome, we may be faced with the paradoxical and confusing situation of Jaipur judgment being restored and two Civil Appeals against the same judgment having to be heard! How will this contradiction be resolved?
2) OUTCOME B
The SC dismisses the preliminary objection. In that case, arguments will start on the CAs as ordered by the Court. There may not be much of a difference in the situation whether SLPs of the UOI are entertained by the SC or not as the CAs have to be heard anyway.
If this outcome occurs, we would have saved two weeks in the legal proceedings if we had not resorted to the preliminary objection.
Legal pundits know better. I leave it to them and our pensioners to come to their own conclusions in the light of the above.
Kind regards.
C H Mahadevan
I do not find any cause by reading the SC Order for celebrating by congratulations.
The Court has only said that the preliminary objection ( to granting liberty to LIC to file another SLP).Apart from this, the Court intends to hear the case on merits. What does it mean?
Theoretically to me it appears that there are two outcomes possible:
1) OUTCOME A
The SC upholds the preliminary objection. This will mean that the Civil Appeal Nos 8959-8962 becomes non-existent with SC revising its earlier decision to grant liberty to file SLP against the Jaipur DB appeal. The effect of this will be that Jaipur DB verdict is upheld by Supreme Court. In that case it is anybody's guess how LIC will interpret the Jaipur judgment and to whom(i.e whether to the 26 original petitioners or to all eligible pensioners) they will pay the benefits of the judgment.
Secondly, will such a revised decision of the SC kill the other two CAs tagged to the first CA? I do not think so .They have to be carried to their logical conclusions.
Added to that the SLPs of the GOI will also be there before the SC to be decided upon on 22/4/2015.If leave is granted thereunder , we will be in for further prolonging of the case with possible adjournments.
Thus under this outcome, we may be faced with the paradoxical and confusing situation of Jaipur judgment being restored and two Civil Appeals against the same judgment having to be heard! How will this contradiction be resolved?
2) OUTCOME B
The SC dismisses the preliminary objection. In that case, arguments will start on the CAs as ordered by the Court. There may not be much of a difference in the situation whether SLPs of the UOI are entertained by the SC or not as the CAs have to be heard anyway.
If this outcome occurs, we would have saved two weeks in the legal proceedings if we had not resorted to the preliminary objection.
Legal pundits know better. I leave it to them and our pensioners to come to their own conclusions in the light of the above.
Kind regards.
C H Mahadevan
