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Thursday, 14 January 2016

TIME TO CONCENTRATE & CLINCH THE MAIN ISSUES IN SC ON 20.1.2016.


Friends,
We all are aware the next date of hearing of ‘PARTLY HEARD’CAs Nos. 8959-62/2013  of LIC, relating to our LIC Pensioners cases, is  20.1.2016, in the Hon’ble Supreme Court before
HON'BLE MR. JUSTICE DIPAK MISRA and  
HON'BLE MR. JUSTICE PRAFULLA C. PANT 
(With appln. (s) for directions and dismissal of appeal and permission to file additional documents and office report)
WITH C.A. No.6995/2013
(With appln.(s) for permission to file additional documents and office report)
C.A. No.9223/2013
(With appln.(s) for intervention and appln.(s) for intervention and office report)
C.A. Nos.9409-9410/2013
(With Interim Relief and Office Report)
S.L.P.(C) Nos.14774-14777/2015 (With Office Report).
We are also aware that while THE MAIN ISSUE before the SC is disposal of CAs Nos.8959/2013 of LIC,  there are SLPs Nos. 14774-14777/2915,  filed by the UOI (at this almost final hearing  stage),  which will have to be disposed off by the SC before taking up the main issue.
Since delivery of Justice has already been over delayed due to the adamant attitude of LIC (backed by UOI) not to implement THREE HIGH COURTS orders (on which there is no stay by the Supreme Court), SLPs by UOI warrants to  be dismissed first and we are sanguine the petitioners / their advocates / the leaders of the Federations are  fully alert  to act accordingly so that LICs CAs are taken up for final disposal.

We all are confident that SC decision will  be in our favour due to Hon’ble Mr.Justice MN Bhandari of the RajasthanHigh Court, Jaipur‘s  forceful historic Judgment dated 12.1.2010 based upon solid points of law and decided relevant cases and facts and figures and  the orders,  and  the fact that  the other two High Courts of Pb & Hry, Chandigarh and Delhi  also concurred with Jaipur  judgment  and allowed the respective petitions. Besides apt handling by our Sr. advocates will get us the desired & unambiguous directions from Hon’ble SC .

All  must have full faith and confidence in our apex court and pray Hon’ble Supreme Court upholds HCs judgments  and pensioners get full justice on 20.1.2016 or within a day or two thereafter.
In this context it is expected that petitioners / their advocates / the leaders of the Federations are well prepared  & conscientious to set the visible  priorities in this decisive legal battle, which are :-
 1. SLPs of UOI are dismissed ie.not allowed to be admitted.
 2. Jaipur Judgment is implemented in letter & sipirit.
 3. 12% interest for late payment as allowed by Pb & Hry High Court.
 4. Implementation in REM as ordered by Delhi High Court.
 
and avoid filing any new application/s, and  if any application/s have been  filed or are being filed for any cause  may be  for impleadment ,or stay of some notifications, or payment/non-payment or Interim relief etc. by any  federation or individual/s , these  are acts which are  undesirable and uncalled for at this point of time, as such application/s will lead to more delay and complications only, besides  changing the direction of the proceedings with danger of even annoying the Hon.ble Bench,and as such must be withdrawn or not pressed for, and the above  main issues are vigorously pursued and pleaded for positive results.   I hasten to add that Hon’ble Bench have said in one of their orders that  these CAs are partly heard and  be listed on  the top (for final hearing).
 I beg to be excused for my free and frank views, and solicit views from my other learned pensioners to correct me if I am wrong.
I may also reiterate that all petitioner/s, Federation/s, and others who are associated with the legal fight  deserve all praise and gratitude of pensioners fraternity for their untiring, determined, devoted  and continuous efforts for the common cause and I pray for early fruitful results.
Wish all  good health, peace and happy days ahead.

GREETINGS ON MAKAR SAKRANTI.

H K Aggarwal,
Mohali,Chandigarh.