Now
it is clear why LIC took 29/1/2007 as the date the first Writ Petition
was filed.The first Writ Petition no 6676/1998 was filed by Mr K M L
Asthana on 18/12/1998 in which the Respondent was UOI and not LIC. the
second Writ Petition no 654/2007 which was filed on 29/1/2007 was the
first one in which LIC was the Respondent.That could be the reason why
LIC took the date 29/1/2007 as the starting date.
But what needs to
be emphasized is that DHC had only stipulated the starting date as the
date on which the first Writ Petition was filed without specifying
against which Respondent.The difference in the Respondent is immaterial
for the purpose of implementing the DHC judgment because,the subject
matter of the dispute involving the anomaly in DR formula emanates from
the LIC Pension Rules 1995 which have been notified only by the
Government of India on 28/6/1995.So the date of the filing of the first
WP should legally be taken only as 18/12/1998 .This needs to be
emphasized before Supreme Court on 11/10/2018 when the SC starts further
hearing of the case.
I hope legal experts will agree with me.
Kind regards.
C H Mahadevan
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