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Wednesday, 14 June 2017

SHRI S N CHHABRA WRITES



DEAR ALL LIC PENSIONERS,
         Surely, there would have been no litigation started had there been any such provision in the Pension Rules for regular updation of pension? 
         KML won his case in Jaipur in Jan2010. 
         Late Gandhi JI was not satisfied with the draft of the KML writ and was actually disappointed with the casual manner in which the Jaipur judgement was delivered.
 
         He collected all the writs filed already in the various High Courts, consulted half a dozen
senior law officers known to him and filed a writ in the Chandigarh HC with the hope
of getting more specific Judgment.  Even Sr advocates of the Supreme Court have admired
this writ.
         Unfortunately, the Chandigarh Court followed the Jaipur line. My advocate explained
that cases like ours which ultimately are to reach SC for final decision, are usually
treated  like this.
         We reached our advocate at Delhi to file our replies to the LIC appeal. In our second meeting, my advocate expressed his fears that our cases may be referred back to the respective High Courts for retrial. The Chandigarh and Delhi Courts have done no work at all. Jaipur has only expressed an opinion that the LIC should implement its own Resolution. No agitation of pros and cons and how they have reached their conclusion.
         The Delhi writ questioned the legal validity of para 3A of Schedule 4.  The court there did not bother to touch this matter.
         The thing that we feared happened.
         I don't want to go in the lengthy details. At least our writ and Hyderabad writ are complete in every aspect. We have taken care of all alternatives. Nothing has happened for us to develop cold feet. The Delhi judgment is definitely disappointing. But that is not the end of the world.
         The Pension Rules don't provide it. The Govt does not want  to give it to you. What 
would you do? Smear your bodies with ashes, wear ropes between your legs, sit under banyan trees and pray?  Nothing doing.
Abhi Himmat ne haar mani NAHIN
Abhi Himmat aazmaAna NA chhod.

No negativity please. Let us play our moves and hope for the good.

S N Chhsbra

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