REPLY OF LIC TO Mr ASHOK JOSHI- A FRIVOLOUS ESCAPIST EFFORT?
No doubt the SC order dated 30/7/2018 may be interim, but the Delhi High Court's order dated 27/4/2017 the implementation of which LIC has claimed to have proceeded with is not sub judice since, to the extent partial relief has been granted to a section of pensioners and upgradation in minimum pension has also been ordered, the judgment has attained finality subject only to the final verdict on the six SLPs by the Supreme Court.More so because the DHC order was not challenged by LIC till date.
LIC has contemptuously violated the directions of the Delhi High Court in the following manner:
1. The date of the first writ petition has been taken by LIC wrongly as 29/1/2007 instead of the correct date 18/12/1998 on which the WP No 6676 of 1998 was filed in the Jaipur Bench of the Rajasthan High Court;
2. For the pre-April 1993 retirees falling under para 1 of Appendix IV, for the retirees with basic pension from Rs 2131 to 3850, LIC has applied the rate of 0.23% instead of 0.29% ordered by the Delhi High Court;
3.
(a)The 40% interim relief paid as per the Supreme Court Order dated 31/3/2016 was recovered from the arrears even though the Delhi High Court had specifically ordered that it shall not be refunded to the Corporation
(b)Besides the contempt the deduction involved in such recovery, there is a glaring incongruence between the present arrears paid and the 40% IR recovered in that the period of present arrears was to commence later than 1/8/1997 from which date the 40% interim relief was calculated.
(c) Also 40% interim relief was calculated as per para 3A of Appendix IV, while the arrears payable were as per the modified DR formula ordered by the DHC and both bases were completely and incomparably different.
Looked at from all the above grounds, the stand taken by LIC in its letter dated 1/10/2018 is blatantly frivolous.
This needs to be brought to the notice of the Supreme Court on 11/10/2018.
Greetings.
C H Mahadevan
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