"PLEASE SEE THE FOLLOWING STATMENT[attachment] and beware of misleading
informations
kml asthana"
SHRI KML WRITES
I have been waiting for the copy
of the order of the Hon’ble SC which was passed on 7/5/2015 in our case. But since I have not seen the copy of the
order, I am writing this note of the proceedings in short to apprise you of the
said proceedings. I have been giving
detailed informations these two days on the mobile and phone.
When the case was taken up the SC
felt that looking to two other part-heard cases it will not be possible to take
up and complete the hearing of our cases therefore, it was proposed to be
shifted in the last week of September.
Then our Sr. Advocate Shri Nidhesh Gupta and Shri R.K. Singh protested
the same that for the last year it is being adjourned for one reason or the
other and many have passed already and with every due to dejectment some go
away. The youngest of the pensioners is
aged about 78 years on average. We have
already won our cases more than five times from three High Court and twice from
the SC still the litigation is going unwontedly. In case the Court still fells to adjourn the
same interim relief be granted more particularly when there is no stay on the
judgment dated 8/8/2013 by the Court itself.
On this the Court suggested to
give 20% out of the arrears. LIC’s Advocate said that they have already
deposited the arrears in the Courts, then the Court making it easy said that
then 20% be immediately paid to the pensioners.
I immediately stated that this is wrong statement of LIC counsel. The
said deposit was not acceptable to us otherwise we would have drawn the same
then and there, that is not AT ALL acceptable, the deposit has not properly
been made and is based deliberately on incorrect calculations that too for
DA/DR only in violation of the directions of the SC while our main case is of
upgradation of pension with every wage revision and further that amount is not
for pensioners and not even of all the petitioners. 7 have been left out,
whether they are not entitled to get the benefit of the same judgment when our
writ petitioners were allowed without exception.
Then the Court enquired and
expressed its displeasure on the wrong statement of LIC Advocate and after our
Advocates gave out a short summary of our case, the Court corrected the order
and asked for making 20% of the arrears to the pensioners as per the judgment
of Jaipur High Court. The payment has been directed to be made within six
weeks.
There was no one from the side of
Chandigarh HC to say whether those petitioners are agreeable or not to lift the
amount deposited there. It was only on our objection that the order was
corrected.
Then the UOI Advocate rose up and
said that they have also filed SLP on which our Sr. Advocate said that it is
delayed by more than four years and the delay should not be condoned since UOI
had always been a party in all the Courts. The Court after hearing directed for
issue of notice within four weeks of the application for condonation of delay
on me and the Petitioners of Jaipur HC writ.
After service we have to file our objections within six weeks and the
UOI has to file its reply within two weeks thereafter, if so desired.
As per the deliberations of 7th
the 20% of the arrears of difference of Basic Pension (including DR, of course)
has to be made to all the pensioners within six weeks since the Court has
already expressed more than once that whatever be the order it will apply to
all and the judgment of Rajasthan High Court is for all, Chandigarh followed
100% copying and Delhi HC based on Jaipur judgment also directed to be in rem.
Besides this I may also inform
that wrong notions are being spread for oblique motives by some
over-intelligent persons that interest has been awarded by P&H HC on the
arrears. The judgment of that HC after
reproducing the judgments of Jaipur judgments has said that whatever relief has
been given by Jaipur HC the same will be applicable to that judgment and Jaipur
HC has not granted any interest.
I have tried to give some
informations of 7th which I could hear and also participate since I
was standing with the arguing Advocates. Except Our Advocates no other Advocate
had any occasion to speak. This payment will give us some respite in these hard
days.
As per the little knowledge I
feel that we should not hurry up for accepting the money when it comes to be
paid unless calculations are given since as in the past there is every chance
of LIC playing unfairly with us and if there be any lacuna the same may be
informed to Shri S.S. Saxena, All India President AIRIEF and me.
Thanks,
KML Asthana
42-A Moti Nagar, Gurjar ki thadi,
Gopalpura Byepass, Jaipur-302018
098285 38725; 0141 2299575
