Dear Mr Aggarwal,
The observations under para 15 of the Supreme Court can only be taken as passing remarks and not as its finding, because LIC Pension Rules 1995 have been notified by the Central Government in exercise of its powers under Sec 48.There is no mention of Parliament 's approval in the Notification.If the Pension Scheme itself can be notified by the Central Government,the amendments including for upgradation of pension can also be notified by the CG without any need for Parliamentary approval.The notified LIC Pension Rules 1995 constitute a subordinate legislation in my opinion.SC can definitely revise its remarks when pointed out in the SLPs.
The SC has only said that the Rules have not been amended by the CG to give effect to the recommendations of the Board Resolution.This does not take away the merits of our case for upgradation of pension.SC has also not held the Board Resolution as non est as erroneously observed by the Delhi High Court.
Associations need not take up directly with the MoF except by way of lobbying but only need to take up through LIC which was done culminating in the Board Resolution.
Because there is injustice to pensioners caused by the CG not acting as per the Board recommendations, violating the constitutional provisions,this prolonged litigation is on.So let us not be pessimistic about the strength of our case for upgradation.We need to vehemently pursue the case in the SC.
C H Mahadevan
Columbus (OH), USA