Correct Implementation of the Order Dated 27-04-2017 of the High Court of Delhi in Letter and Spirit.

From

     

     P. RAMANATHAN,

     ( son of K. DAMODARA MENON)

     Flat #3, I floor, "SUPRASHANTH",

     Old Door No.2/4 New No.7, Dr Gopala Menon Road, Kodambakkam,

     CHENNAI (MADRAS) - 24.   600 024.   Tamil Nadu.

To

     The Chairman,

     LIFE INSURANCE CORPORATION OF INDIA, 

     Central Office, "YOGAKSHEMAM", Life Insurance Road,

     MUMBAI - 21.   400 021.   Maharashtram.

Dear Mr Chairman, Sir,

     

     Re. : CONTEMPTUOUS IMPLEMENTATION OF JUDGMENT DATED 27-04-2017 OF THE HIGH COURT OF DELHI.

     I retired from the services of our Corporation  on 31-05-1996 with a Basic Pension of Rs.4720.00

     I received an amount of Rs.65473.00 remitted into my bank account on 07-09-2018 by Chennai D. O. 1 of the Corporation, purported to be the amount of "ARREARS" due to me in implementation of the judgment dated 27-04-2017 of the High Court of Delhi, granting PARTIAL RELIEF by the Hon'ble Judges modifying the rate of Dearness Relief payable.

    I find that this amount of Rs.65473.00 paid to me is GROSSLY INADEQUATE because it is NOT IN OBEDIENCE TO the directions given in the judgment cited of the Delhi High Court for the following reasons :

     1. The date from which the ARREARS have been calculated has been ERRONEOUSLY TAKEN as 29-01-2007 when IT SHOULD HAVE BEEN

 18-12-1998 which is the date on which THE FIRST WRIT PETITION No.6676/1998 was filed in the Jaipur Bench of Rajasthan High Court.

     The relevant MANDATORY DIRECTION of the Delhi High Court is as reproduced below :

     "109 ................ Arrears, if any, would be paid from the date WHEN THE FIRST WRIT PETITION WAS FILED to all the retired employees/pensioners who would be entitled to benefit of this judgment..................."

     SO THE CORRECT DATE OF THE FIRST WRIT PETITION IS AND SHOULD BE TAKEN AS 18-12-1998 AND NOT 29-01-2007.

     2. As if the above is not enough, the 40% INTERIM RELIEF paid to me in compliance with the Order dated 31-03-2016 of the Supreme Court of India has also been deducted from the gross ARREARS as at 27-04-2017 even though the Delhi High Court has SPECIFICALLY FORBIDDEN refund of this INTERIM RELIEF to the Corporation in the following words :

     "108. We would also CLARIFY that payment made in terms of interim directions issued by the Supreme Court WOULD NOT BE REFUNDED OR RETURNED TO THE CORPORATION. We have issued the said direction as the amount paid is NOT SUBSTANTIAL FOR THE CORPORATION whereas asking the retired employees / pensioners to refund it WOULD PUT THEM IN A GRAVE  FINANCIAL DIFFICULTY".

     You will surely note that THIS IS MANDATORY and NOT RECOMMENDATORY!

     Also, ADDING INSULT TO INJURY, the consequence of the above is the reduction in the interest payable as per the mandatory directions of the Delhi High Court.

     It TANTAMOUNTS TO CHARGING INTEREST  ON THE AMOUNT OF INTERIM RELIEF OF 40% recovered from 27-04-2017 to the date of payment while the payment of interest has arisen AS A RESULT OF DELAY ON THE PART OF THE CORPORATION in implementation of the judgment by more than one year and four months.

     In other words, I HAVE BEEN PENALISED FOR THE DELAY ON THE PART OF THE CORPORATION.

     All the above lapses on the part of the Corporation constitute CONTEMPT OF THE JUDGMENT DATED 27-04-2017 OF THE HON'BLE HIGH COURT OF DELHI.

     I request you to rectify the above lapses and ARRANGE TO PAY ME THE BALANCE OF CORRECT PAYMENT OF ARREARS WITH INTEREST at the earliest.

     Thanking you and with warm regards,

                                                                                                                                                Yours sincerely,

CHENNAI - 24,

08-09-2018.                                                                                                                         (P. RAMANATHAN) 

                           S. R. No.: 510396 ; Pension ID : 770100195 - Chennai D. O. 1 of L I C of India, LIC Building, Mount Road, CHENNAI - 2.

                                                                             Telephone Numbers : (044) 24723491 ; 9444980563.

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