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Monday, 20 August 2018

CO instructions for payment of arrears as per DHC judgment

The CO has issued instructions to Zonal Managers  through its circular dated 18/8/2018 for implementing the judgment of the Delhi High Court dated 27/4/2017 and instructing the various offices to pay the arrears before 9/9/2018.
But it is shocking and highly disappointing that the CO has instructed the various offices to pay arrears calculated from 29/1/2007,while actually the Delhi High Court in its judgment dated 27/4/2017 has ordered as follows under para 109.
"...Arrears if any,would be paid from the date when the first Writ Petition was filed,to all retired employees/pensioners who would be entitled to the benefit of the judgment......".
The date  the first Writ Petition  was filed is 18/12/1998 by Mr K M L Asthana and 26 others in the Jaipur Bench of Rajasthan High Court.
All the petitioners need to question LIC's wrong identification of the date 29/1/2007 instead of 18/12/1998.
The 6 WPs   before the DHC arising out of the SC judgment dated 31/3/1996 were actually preceded by the three Writ  Petitions filed in Jaipur Bench,Chandigarh and Delhi High Court  out of which the Writ Petition filed before the Jaipur Bench was the earliest,i. e,on 18/12/1998.
So LIC's identification of the date 29/1/2007 is not acceptable.All the petitioners need to challenge this in the SC.
C H Mahadevan



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