*Reporting on 9 th October 25 (Court No 4) proceedings on Fedn CA 3467 of 2024*
As scheduled, the Court No 4 took up the Misc matters today at 10.30 and closed at 10.50 am. Thereafter Sanjay Hegde of AIIPA resumed his arguments and concluded at 11.20am. Then our Sr Advocate, Barrister V.Ramakrishnan, started his arguements and continued upto 12.15 PM , when the bench rose for the day .
Initiating the arguements, our Sr Counsel started with formation of pension rules, its eligibility to employees, pension fixation, cost index neutralisation to protect real value of pension. He explained various modes of neutralisations and its differential effects on Pensioners. While on this, he submitted pension rule book to the bench and started explaining how Govt erred in not approving the LIC's 2001 Board Resolution, wrong implementation of Rule 3, 3A(obsolete as per Govt clarification submitted to the bench), 3B causing various groups of Pensioners in each cadre. When he referred to the three HC judgements, SC judgement of 31.3.3016 and DHC judgement of 2017 etc, the bench wanted a complete book of all judgements, their arguements etc to be submitted by our AOR before 27.10.25 to resume next hearing on 29.10.2025,to which our counsel agreed.
Initially it was complex to realise the spirit of arguments made, but our Counsel land on the solid ground of the demand of *Pension Upgradation* . on which he will resume arguements on 29 th October'25 when the Court resumes the hearing .
While concluding, we can hope for the best.
SK Awasthi,
Camp New Delhi
9 October 2025.
3 comments:
Now we know who the 3rd lawyer is. Has he talked about the actuarial report and the deficit is a drop in the ocean which everyone repeated without mentioning the amount by all senior counsels while LIC/GOI is arguing it is beyond all control of them in previous benches of SC/ DHC.Comments have been made enough in reply to previous message. Now one can add the following: Anger dwells only in the bosom of fools -ALBERT EINSTEIN-Anybody can become angry – that is easy, but to be angry with the right person and to the right degree and at the right time and for the right purpose, and in the right way – that is not within everybody’s power and is not easy-ARISTOTLE- : Frazzetto, Giovanni: How We Feel . Transworld: Is it beyond hope that after decades case will end soon?
It seems no senior counsel cosiders that Windfall profit of 7 to 15 lakh crores GOI is having from LIC as per two different calculations is a fit thing to argue and to put in 3 page note asked for from each. one presumes only these two will clinch the issue as per the hint given and not voluminous records to be submitted on 27.10.25 which Bench may/may not need to quote in the judgment and not for detailed study as is the practice in SC.
We had been living in capitalist society from 1947 to 1975 as per the founding fathers of constitution of India.BR Ambedkar led drafting committee rejected "Secularism" and "Socialism" as in that name of two words millions and millions were killed as enemies of STATE. Further they abolished "Unearned Income" and "Property rights". As there was no incentive to improve as they were to be looked after well from "Cradle to Cemetry" their economies became weak and their standard of living of 90% people other than their 10% party members became less than those under "Social Wellfare ".So deprived of freedom and welfare the citizens major two countries revolted against that ideology 1n 1978 and 1991 but now living under Capitalist Dictatorship. SC of India accepted the two words introduced during emergency as they had not changed the ground prevailing earlier perhaps as majority of the world oppose increasing inequality. Under which ideology we are living and Justice by the highest court deiivered seems tbe a great puzzle. Lakhs of individuals fight against GOI spending each a crore get WIN or LOSS mainly by the quality of arguments by Greedy Senior Counsels.When 85% Retirees are not prepared to spend in crores it is no wonder that it takes decades just for "Hearing" One cannot predict the present Bench will be like Krishnaiyer/ Gopala Gowdaof SC or Misra Bench of SC ex -CJI then led DHC single Bench. Decent lives of Super/Seniors becomes lottery as whether LIC/GOI combine is dangling sword against the hearts of Retirees as happened in absorption of temp. employee two decades back and still continuing. Having lost TU rights 4+ decades back with no efforts to restore them made till this day in the light of greedy In-service/recent retirees, is it worst than those Retirees who died in penury with starvation/stagnation wages with no pension from 1.9.56 onwards like 70% Indian families for the last 78 years?
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