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Saturday, 20 April 2024

Fw: ,AIRIEF LEGAL BATTLE QUOTES,PERISCOPE INTO THE PAST & PRAGMATIC PERSPECTIVE & CARE FOR ENSUING SC CAs/CivilAppeal on Wednesday 24th April 2024

             DEAR ALL,
                                                                       1)  Never think hard about the past, 

It brings tears,

Don't think more about the future,

It brings fear,
Live this moment with a Smile,

It brings cheer.

 

*Every test in our life makes us

Bitter or better,
Every problem comes to

Make us or break us,

The choice is ours whether we

Become victims or victorious.

 

&Happiness keeps You Sweet,

Trials keep You Strong,

Success keeps You Glowing,

And but Only God keeps You Going!


         2)It is disturbing that Pensioners should be treated so bad & from 6676/ 1998 writ on DR  to 24/11/ 2001 LIC Board Resolution  to 654/2007writ on Pension Upgradation  to 12/1/2010 Hon SJ Jaipur judgement admitting Both Writs to  dismissal of LIC Appeal493 & 494/2010 by DB Jaipur HC  on 21/1/2011 to dismissal of LIC Review Petition 86 & 87/2011 by DB Jaipur HC on 19/8/2011 to SC Bench clarificatory Order 17/10/2012,amending their vague Order dt 14/11.2011 ,to Punjab & Haryana HC Order 9/11/2012 adding 12 % interest for delay,  to Delhi HC Order 30/1/2013  affirming Jaipur verdict & adding "in rem' to all Pensioners, to LIC SLPs 29956 & 29957 dismissed on 8/8/2013 to 30/9/2013 when SC Bench issued NO STAY Order  on  Hon SJ verdict 12/1/2010 & allied matters  ,condonation of LIC inordinate  delay of 6 months 14 days by SC Bench resulting in new Avatar of CAs 8959—8962/2013   to 25/3/2015 ,SC Bench hearing of CAs to 8/4/2015, to Interim Order dt 7/5/2015 giving 6 weeks time to pay 20%  of impugned HC judgement, delay by LIC, to CGH CCP on 20 July & again  to 27th July 2015,Hon HC ordering hearing on 7th Oct 2015,as admittedly the case is linked with SC hearing on 23 Sep,2015, to   IA in respect of Punjab & Haryana HC in SC ,hearing on 7th Sep,2015 SC Bench ordering LIC to pay to CGH Petitioners interim 20% within a fortnight failing which LIC authority faces contempt before SC.   Hon Judges Dipak Misra & Sapre  29page order dt 31st March 2016 ,while regretting that LIC Board Resolution dt 24November 2001 could not fructify,the Petitioners came so near but so far,on Pension upgradation,as unassailable submissions on  violation of Constitutional Rights enshrined were not presented with data & basis of such reasoning,but examples of wide Disparities 7/8 Grades below getting more pension than their Seniors ,indications exist of pervasive anamolies & discrimination but the grounds of challenge must be powerful to convince the Bench.   SC also granted interim relief of 40%  as per para 3A of the Appendix of Pension Rules,1995.
          3)While making payment of arrears on DR as propounded by Delhi HC as per the order dt27/4/2017, LIC misconstrued the directions and paid arrears from Jan 2007 in stead of 1998, which was the date of first WP 6676/1998 filed on these issues. LIC also deducted the amount of 40% of the interim relief paid as per SC order dated 31/3/2016 whereas DHC clarified in the order that payment made in terms of interim directions issued by the SC would not be refunded or returned to the Corporation. 

.    4) LET UGADI,VISHU,TAMIL NEW YEAR DAY,SRI RAMANAVAMI FESTIVAL, BRIGHTEN OUR LIVES,with MUCH-AWAITED SC  FINAL  HEARING on WEDNESDAY 24th April 2024.Last SC SLPs hearing,   MAY  UTHSAVAM,GOWRAVAM, AANANDAM,DHANAM, ISHWARYAM prevail & permeate.

        5) SC Hon Judges dismissed LIC Sr Counsel intervention to ,dismiss SLPs saying 'Anamolies exist etc & fixed April 24th as earlier Mondays,Tuesdays ,Criminal cases consumed most time,leaving poor pensioners in the lurchDuring the course of discussions, the Bench informed that if arguments by the Advocates of all the parties are not completed on the first day of hearing, proceedings will continue next day in continuation.

       6)Redeeming Feature is SLPs are now converted as CAs,Civil Appeals & so if  Focussed submissions ,Holistic,Appealing & Arresting Data ,coupled with Anamolies galore of 8 grades below getting more pensioin than their Seniors.& Discrimination even in DA/DR for pre8/1997 pensioners,wherein 1/1/1986 to 31/7/1997 Pensioners get  50% DR compared to Full 100%DR to post 8/97 pensioners & also to ALL Employees post 8/97.

         7) Our Active,Ebullient LSG Legal Study Group for the last many years have prepared copious Valuable Notes to our Sr Counsel Sri Nidesh Gupta & Regular Updates with reference to all latest Court cases gist & relevance handed over to him. Our Paper book is extensive and covers all the aspects of our issue duly supported by the relevant provisions of Rules, facts, statistics, and most suitable citations to counter the erroneous observations and conclusions of DelhiHC as well as strengthen our prayer for the order/appropriate writ to resolve our grievances by issuing direction to UOI/LIC to revise the pension with each wage revision and make payments to the beneficiaries from the due date, i.e. date of retirement. Our prayer covers both the issues – DR Disparity and Pension Anomaly.

    Suggestions and views expressed by our learned members from time to time, we have been taking into consideration and the relevant parts thereof are taken in our briefing notes.  

       8)Not only that,MrMPAgnihotri RMLegal Retd attended almost all Sittings  of SC Delhi & had recently also elaborate discussions on Most Critical Matters impinging on AIRIEF Prayers,seeking Final Orders ,not to miss any.Our Resident Advocate as a Liaison is also in fine communication with our LSG.    

        9) LIBERAL Legal Fund Donations from ALL GROUPS of Pensioners are immediately needed,as ALL will benefit, to enhance LFD kitty ,WITHOUT being Miserly at this juncture, a TURNING POINT in  AN EPIC . LEGAL  BATTLE  SPANNING 24 YEARS, heading  for FINAL DISPOSAL to clinch PU Pension Upgradation,Revision with every Wage revision & to harassed,beleagured  pre-8/97 Pensioners removing utter Discrimination of a paltry 50% DR only,unwarranted & illegal too. 

      Only TOPUP Submissions & Crucial Arguments  ,with Unanimity of Views & NO dissonance ,for which lot of efforts were/are made& being made to clinch Victory.  Faith & Prayers.     GREETINGS ,

 R.B.KISHORE,  PATRON, AIRIEF;PATRON RIEA CHENNAI,

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