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Friday 31 July 2015



Implications of Jaipur Bench allowing withdrawal of 20% amount

  • As the amount was allowed by the Court to be withdrawn, LIC can now breathe easy  free from fear of contempt of Supreme Court order dt 7/5/2015(although I also agree with majority of friends against filing a petition for it), as only now they will be able to pay the interim relief to the respondents even though the prescribed deadline has not been adhered to.

  • While I agree with Mr Asthana that it makes no difference even if LIC is allowed to withdraw 100% of the amount (which is barely 9% of the dues as per the Jaipur Bench judgment dt 12/1/2010), a valuable opportunity has been lost by us to reiterate before the same court that delivered the judgment that its judgment has been wantonly misinterpreted by LIC and a far less and inadequate amount  has been deposited by LIC,especially pointing out that there was a recovery from a family pensioner.

  • LIC has availed of a God-sent opportunity to put the cart (i.e., withdrawal of deposit ) before the horse (i.e., the payment of interim relief) successfully creating a ground for avoidance of contempt (if at all it arises!).

  • The so called interim relief (as determined by LIC) - when paid- can but provide miniscule benefit to not even 5 % of the eligible pensioners. So the vast mass of the aged pensioners and family pensioners will continue to wait for justice without interim relief till such time as the Supreme Court comes to their rescue.

  • Interestingly, the interim relief provided would have been somewhat more meaningful if the SC order had included ad hoc increase in monthly pensions pending disposal of CAs in its directions. But interim relief is what the Apex Court orders in its discretion and we can do nothing about it.

  • Now all pensioners have to wait patiently for the 23/9 hearing in SC. Let us hope for a positive development on that day.

Greetings.

C H Mahadevan

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