Date: Mon, Sep 3, 2018 at 4:29 PM
Subject: Instructions conveyed to Zonal Managers vide circular dated 1/9/2018
To: <ed_personnel@licindia.com>
Cc: <chairman@licindia.com>
3/9/2018
To
Executive Director (Personnel),
LIC of India,
Central Office,
Mumbai
For Personal Attention of Mr Mukesh Kumar Gupta
Dear Sir,
Re: Implementation of the judgment dated 27/4/2017 of the Delhi High Court -Instructions issued contrary to Delhi High Court directions
It is shocking to note the instructions issued to Zonal Managers of the various Zones of the Corporation conveyed in the CO circular Ref ER//A/Pension/Implementation dated 1/9/2018 stating "In accordance with para 107(ii) and 108 of the order dated 27/4/2017,payment to be released after adjustment of the amount of 40% interim relief paid to the pensioners against the arrears of dearness relief payable to the pensioners".
The instructions to adjust the amount of 40% interim relief paid to the pensioners is glaringly contrary to the directions given in para 108 of the Delhi High Court judgment dated 27/4/2017 which is reproduced below:
"108. We would also clarify that payment made in terms of interim directions issued by the Supreme Court would not be refunded or returned to the Corporation. We have issued the said direction as the amount paid is not substantial for the Corporation, whereas asking the retired employees/pensioners to refund the amount would put them in a grave financial difficulty. "
The statement "In accordance with para 107(ii) and 108 of the order…" made in the cited circular is a misrepresentation of the directions of the Delhi High Court and your instructions for adjustment of the 40% interim relief from the arrears constitutes contempt of the Delhi High Court order. The Delhi High Court has made a speaking order in para 108 of the judgment giving a rationale for their direction.
I wish to further point out that the 40% interim relief paid to the pensioners was not against the arrears of dearness relief payable to the pensioners. The 40% interim relief paid was in response to the Supreme Court order dated 31/3/2016 directing LIC as follows:
"27. Keeping in view the totality of facts and circumstances of the case, it is hereby directed that the Corporation shall pay 40% as per Para 3A of the Appendix to each of the employees within six weeks and shall file an affidavit before the High Court of Delhi to the said effect…………...".
The Corporation is aware that while calculating the 40% interim relief ,the basic pension of the eligible pensioners was revised w e f 1/8/1997 and hence this payment was not merely against the arrears of dearness relief payable to the pensioners but also arrears inclusive of updated pension.
It is therefore requested that the Corporation may be kind enough to withdraw the instructions for recovery of the 40% interim relief from the arrears of dearness relief immediately in obedience to the Delhi High Court judgment dated 27/4/2017.Otherwise the Corporation runs a definite risk of being charged with contempt of the Delhi High Court order dated 27/4/2017.
Thanking in anticipation for your positive response.
C H Mahadevan
Executive Director (LIC)(Retd),
Hyderabad
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