Definitely LIC's action of reckoning the starting date for arrears as 29/1/2007 is questionable.When DHC stated 'from the date of first Writ Petition filed', applying the principle of proximate cause followed in insurance to determine cause of accident the proximate cause of the entire course of the litigation was the Writ Petition No 6676/1998 filed in the Jaipur Bench of Rajasthan High Court filed on 18/12/1998.Perhaps LIC took the date as 29/1/2007 which was perhaps the date on which Retired Class I Officers' Federation filed its WP in Delhi High Court .Was it convenient for LIC to interpret the DHC order to take the date of the first WP filed in DHC on the subject? How is it logical to ignore the date of the Jaipur Writ Petition which resulted in the first judgment of a High Court on the subject matter?
This point definitely needs to be raised on 11/10/2018 when LIC reports compliance and justifies the choice of the date from which payment of arrears were made.
Kind regards.
C H Mahadevan
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