TODAY IN DHC

 Today our case came up after lunch and Mr.Nidesh Gupta stood to argue
 He said he stand here for WP 5903 and argued that LIC affidavit claims that 83.4% of permissible limit is used in management exp. hence available 16.7% is Rs.6662.18cr.

He also argued on affidavit  submitted by Hyd Ass. and  said that management exp. do not include pension payment and read from annual report details of management expenses. The bench said the pension is an amount of mgmt. exp. for sure. He referred to an RTI by client also to which bench said leave RTI. At this MSM came close to him and he again referred to his point that pension is not taken as expenses by LIC. The LIC official came to his advocate and gave some papers. The bench said pension is paid from fund and amount trd. in fund for annuity is expenses. Justice Khanna asked what was your qn. in RTI? Again MSM or his advocate gave paper to NG. He read the qn. Whether the Expenses of Management includes the figure of pension disbursed? ( It may not be qn in verbatim but the idea is same)
Justice Khanna said ur qn was wrong so answer is different. It better not to stress.
NG then referred to many Memos of CG of various pay com. and beautifully argued that 2.57 was multiple factor in basic pay and pension for 7CPC. The justice said 1.89 but soon realised it was for 6,CPC. NG also read from notification and referred that older persons in higher age also given more benefit while we are deprived.

NG was very effective and bench  heard him with full attention. He then submitted that LIC affidavit is a mystery with no specific and clear details. The upgradation cost shown is so high because of future wage rise estimation also. At this jus Khanna said no it is cost of present load. NG stressed it is inclusive of further wage revision load also. Bench asked  LIC official and she initially tried to give vague reply by saying further DA rise etc. to which jus. Khanna asked specific just tell if it includes the estimation of future wage revision. She conceded that YES @ 3% pa is taken for that.

Point noted by Bench. NG argued that LIC has estimated its expenses but not the income. If expenses will rise the growth model of LIC will also ensure rise in premium income and other income.

He submitted charts also

He quoted from pension rules that pension fund as per 5(3) is contributed by LIC to ensure that pension is paid. The trust is just to make payment of pension and LIC to contribute whatever is needed. So as already pleaded earlier that pensioners cant be discriminated on date of retirement, Art.14 and Nakara and other cases if we are entitled LIC has to infuse in fund.

Finally he took up Rule 56 and said that the Chairman and MDs of LIC  gets all benefit of moderation and enhance pension as per CG rules and paid from LIC pension fund. He read relevant pension rule. Jus. Khanna said may be they IAS or earlier CG officers. After brief discussion it was made clear to bench that no IAS is LIC chairman or MD since last many years. Only MR Bhide nd T A Pai were from IAS that too long back.
He summed up with confidence that only We poor pensioners are suffering while 2 top posts enjoy all benefitsHe said in view of all submissions of discrimination Art14 Nakara cases and others and financial position we deserve benefits.He thanked bench for patient and attentive hearing and said can we submit written arguments also. Bench said ok within 10 days.
It was then LIC advocate said that the Sr. is busy in election comm. case so bench asked you have tomorrow. He said ok.
Jus Khanna asked Mr Khanna Sr. adv of Class I GNS  ass.to argue. He said he has not muchand will take onky 5 min. but as he not know what NG argued he will say tomorrow. Bench asked to say now as we had time available but he said tomorrow. So court closed for the day.
This is all from DHC today.
P.S. There was a reference from court about minimum pension amount also which was readily given after some time as provided by Mr. Agnihotri from Hyd.  by sms. The court was interested to know the actual minimum pension being paid in various cadre. Asked to LIC also which they replied have to be collected.
T.A.Pai was not from IAS cardre.  He was former Chairman of Syndicate Bank.

PRAMOD bHATNAGAR
FWD.
B ANGURAJAN