Brief summary of Kerala HC case and lessons out of it in a nutshell :--
# The then bipartatite of 1.8.1992 - 31.7.1997 was settled in 2000 wef arbitarily shifted date 1.4.1993 for fixation of salary instead of 1.8.1992 depriving a section of employees.
# MC Jain, one loser pensioner filed Writ 1454 of 2009 in Rajasthan HC and won for revision from 1.8.1992.
# LIC challeged it in Division Bench by Writ 1492 of 2012 and lost.
# LIC then filed SLP 8090/2014 in SC and again lost and LIC allowed fixation with arrears to MC Jain, but similarly placed losers' salary was not revised.
# Aggrieved Pensioner KNG Kurup already filed Writ 6228 of 2009 in Kerala HC with Fedn impleaded, but it was not heard. After victory of MC Jain, Kurup appealed for his benefit as similarly placed person.
# Another writ 39134 of 2017 was filed by PD Joseph in Kerala HC in individual capacity.
# Both the Writs were heard by Single Bench Judge Anu Sivaraman who dismissed both the writs on 7.8.2019 on the plea time barred.
# The then Fedn Secretary D Krishnan did not follow up Khurup's case, but impleaded Fedn in Joseph's case of appeal to Division Bench by WA No. 417 of 2020.
# The case was heard and on behalf of Fedn, we challenged Single Bench order of time barred and cited SC ruling of 40% payable to all beneficiaries besides petitioners as clarified by SC. The Division Bench was convinced, dismissed Single Bench order and ordered on 7.2.2024 for refixation of all eligible pensioners deprived in 1992-97 bipartite.
# Fedn in its appeal to LIC wrote to implement the Kerala HC order as any appeal to SC may be disastrous in terms of SC explanation dtd 31.03.2016, part of order quoted.
# LIC after a gap of 4 months, implemented the order.
THE LESSON BEHIND THE JUDGEMENT IS IF LIC DISCRIMIMATES IN GRANTING LEGALLY ENTITLED BENEFITS TO ITS EMPLOYEES, JUDICIARY WILL COME TO RESCUE PROVIDED PRUDENT HEARING IS CONDUCTED.....
BASUDEB DAS, 07.05.2024
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