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Sunday 26 August 2018

Now it is clear

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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