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Wednesday 21 February 2024

A Detailed Report by Sh M P Agnihotri je

Dear Sirs,
On 20/02/2024 our cases were listed in court no. 4 at Sr Number 25. The presiding Judge of court no. 4, J Hon'ble Surykant was in the bench of Hon'ble Chief Justice for the first half so the bench comprises of Justice J. Dipankar Datta, J. K V Viswanathan and J. Sandeep Mehta was sitting in court room no. 4 up to 1.PM.  Thereafter the regular bench presided by Justice Suryakant was to sit in court room no. 4. However, the regular bench started in court no.4 after 2:30 pm only. This information was given to us by the advocates in the beginning itself. Our turn came at about 3:30 pm. Our Sr. Advocate opened with an intention of preparing ground for drawing attention of the bench towards the urgency of the case. Made certain emotional remarks like discrimination, people retiring in higher cadre getting less pension, CCS and Pension Rules 95 of LIC, though similar but CCS retirees getting revision with wage revision and Chairman and MD have got for themselves pension revision etc etc. Mr Ranjit Kumar again raked Shri KMLA's legal heirs matter. But yesterday, Shri R K Singh had submitted relevant documents in this connection and it was accepted by the bench.

Shri Nidhesh Gupta requested the bench for immediate continuous hearing. But they expressed inability because of roster. Now having regard to the roster, the bench informed that the hearing will be on a day other than Tuesday because Tuesdays have a lot of cases on roster. So they were looking for a day in April on which the roster would have fewer matters and continuous hearing can take place and suggested 3rd and 4th April 2024. LiC's counsel informed that he was not free on 3 & 4th April and hinting that the matter may be heard in July after summer vacation. But it was not accepted. There were certain objections from the respondent's side with regard to duration of arguments, but Shri Nidhesh Gupta, supported by the the Sr Advocate for another petitiones convinced the bench that matter may be discussed in two hearings. On the objection of the respondent's Advocate that case does not merit for admission, the bench stated that there are anomalies and they will decide the date keeping in view all the submission for a final disposal.

The status of our cases on the SC website is changed and states. "Leave Granted / Rule NISI / Appeal Admitted, List On (Date) (24-04-2024)-Ord dt:20-02-2024."

We have moved forward a step. But, we have to wait for the final order till hearings are concluded.

Order 'Rule Nisi' in our context means that the benefit prayed for will be payable after final order.

My note is based on our observation and discussion with the advocates. Since, live telecast of the court proceedings were watched by our members so the missing points or misunderstanding may be corrected.

Regards,

 M P Agnihotri
Camp Delhi.

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