Dear Shri Sahni Sahab,
Re: Filing of Common Compilations under CA Nos. 3465 to 3470 of 2024 pertaining to the Pensioners of LIC (In Supreme Court of India).
Above-referred CAs are part-heard as of now. So far, the Sr Advocates of three petitioners viz. AIRIEF, AIIPA and Federation of retired LIC Class 1 Officers Associations have submitted their arguments. Remaining petitioners have to make their submission on the next date of hearing which is 29th OCT. 2025. During the course of hearing diversity in the arguments by different Sr. Advocates was visible, which was also noticed by the bench and for that reason Justice Maheshwari directed the petitioners to file a common compilation(s). All the Writ Petitions from the beginning are to be compiled in one volume and all the judgments in the other volume.
The litigation on the issues of DR disparity and Pension Updation from the inception started from 1998 when Shri KML Asthana filed the Writ Petion in Jaipur High Court. A roughly worked out chronology of filing various Write Petitions, appeals, review petitions and SLPs is as given below:
Shri KML Asthana filed SBC WP No. 6676 of 1998 against LIC of India and Union of India in Jaipur High Court. This Writ was subsequently amended in 2001.
Shri Asthana along with other petitioners filed another Writ Petition ( C ) No. 645 of 2007 against LIC of India and Union of India in the same court specifically praying for pension revision with every wage revision.
Hon'ble Justice M N Bhandari decided both the writ petitions vide the order dated 12/01/2010 in favour of the petitioner.
LIC of India preferred two intra-court appeals – DB Civil Special Appeal (W) Nos.493 and 494 of 2010 in Jaipur High Court, which were dismissed by the Divisional Bench vide order dated 21/01/2011.
LIC of India filed Review Petition in Jaipur High Court – DB Civil Review Petition Nos. 86 of 2011 and 87 of 2011. which were dismissed on 19/08/2011.
Pending the Review Petition, LIC of India also filed SLP ( C ) Nos. 16117 and 16118 of 2011 which were dismissed by SC as the Review Petitions were pending in the High Court with the request to High Court to dispose of the RPs within three months.
In the meantime, Writ Petitions filed in Chandigarh and Delhi High Court were also decided on the basis of judgment of Jaipur High Court in the case of Shri KML Asthana.
On 19/08/2011 Review Petitions were dismissed by High Court.
LIC of India filed SLP 29956 & 29957 of 2011 which were also dismissed as the same were not filed against the order of Divisional Bench with the liberty to the petitioner that this order shall not preclude them from filing special leave petitions against the judgment of the Division Bench of the High Court by which the special appeals were dismissed. It was also made clear that this order should not entitle the SLP petitioner to claim condonation of delay as a matter of right and the application, if any, filed for this purpose will be decided on its own merits.
LIC of India filed SLP ( C ) Nos. 8959 – 8962 of 2013. Other SLPs against the orders of Delhi High Court and Chandigarh High Court on the similar issues were also tagged. These SLPs were decided by the common order dated 31/03/2016 remanding the cases to Delhi High Court.
Union of India filed SLP ( C ) Nos. 14774 – 14777 of 2015 on the same matter which were dismissed on the ground of delay as the same were filed with a delay of 7 years. Union of India had not filed appeal in Jaipur High Court.
In Delhi High court following Writ Petitions were filed:
W P ( C ) No. 184 of 2007 – It was the original number of the Writ which was disposed of earlier on the basis of Judgment of Jaipur High Court in the case of Shri KML Asthana.
W P ( C) Nos. 9440 and 9442 of 2016 filed by LIC of India against Shri KML Asthana
W P ( C ) No. 9441 of 2016 filed by Shri KML Asthana
W P ( C ) No. 5903 of 2016 filed by AIRIEF
W P ( C ) N0. 8568 of 2016 filed by AIIPA
W P ( C ) No. 4894 of 2016 filed by Retd LIC Class 1 Officers Association, Hyderabad
W P ( C ) No. 3984 of 2016 filed by Shri KML Asthana
W P ( C ) No. 3983 filed by Shri Madan Lal Gandhi & Ors.
These WPs were decided by common order dated 27/04/2017 of Delhi High Court.
The aforesaid petitioners, aggrieved from the order of DHC filed SLPs in the Supreme Court in Jul 2017 which are under consideration of Hon'ble Supreme Court.
Another S B Civil Writ Petition No. 14446 of 2010 filed by Shri KML Asthana on the issue of fixation of his Basic Pension, which is different from the common issues, in Jaipur High Court was challenged by LIC of India in SC and converted into CA No. 3813 of 2024, is also tagged with the aforesaid CAs (Where petitioner is LIC of India).
The aforesaid details are provided to facilitate our advocate to prepare the compilations after checking their records. There were several IAs filed in High Courts/SC and interim orders also which I have not mentioned.
As informed by Shri R K Singh, his office is on the job to prepare the common compilation in coordination with the advocates of other petitioners.
M P Agnihotri.
12/10/2025
1 comment:
As everyone stated that there is diveversty of arguments as there are no previous consultations not only now but for two decades. It is a clear case of ONE upmanship which is also known to every body. The present note is a chronology of the case except the above point. No one is aware of the differences in the conetents of 3 page note of 5/6 petitioners submitted before hearing in Sept'25 also in 3 arguments so far in Sept/Oct'25. Mere statement of arrears of pension Upgradation is a drop in ocean in context of 6 revisions in wages had not helped in convincing the judges so far due to lack of fact how much LIC had to pay. One presumes that the amount is so large which could not be amortised in coming 5 years unless GOI sells from 96.5% windfall shares worth lakhs and lakhs of crores having invested zero apart from dividends received for 68 years. GOI already got 21000 crores ie., 6000 crores more than 12% return cumulativly for 69 years by selling 3.5% shares in IPO. GOI need not pay single paisa from Consolidated fund of India. KARMA will put us all in peril like those died from 1.9.56 to 31.10.93 with starvation/stagnation wages with no pension but some what leniently in a graded manner from 100% to 0% unless it is properly presented before the Current Bench which seems like few pro-worker Benches distinct from majority of anti- worker Benches of SC. It had clearly told that the insertion of "Secular and Socialism" had not altered the ground realities when a PIL petition pleading removal of words was dismissed stating "Unearned income and Property rights " were not abolished like non-existing Communist countries.
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