We, the legal team of AIRIEF had a meeting first with Sri R K Singh and thereafter jointly with the Sr Advocate, Shri Nidhesh Gupta on 29/4/2026 and discussed the issue of legal limbo and related matters in respect of our Civil Appeals pending in SC, in detail.
We shared our grief and disappointment on derailment of our cases. Entire pensioners’ fraternity was very much hopeful that in Dec 2025, we would have got the final favourable judgment. Now our cases are not even being listed before any bench.
Shri R K Singh elucidated on the present scenario of conflict between the current Government Policies and the judiciary’s interpretation of the Service Rules enacted three decades or more earlier.He stated that this conflict is prominent in service related matters andpensionary benefits as the courts are holding that statutory service rules prevail over the executory interpretations obliterating the sacrosanct principles of equality and equity enshrined in our constitution.He quoted several instances of such conflict affecting thousands of aspirants, employees and pensioners.
Shri Nidhesh Gupta reiterated that during the court proceedings held on 22-23 Sep 2025, we could succeed in placing before the bench our submissions dismantling the erroneous conclusions and directions of DHC convincingly and pleading the intent of the various rules of the LIC Pension Scheme 1995 to eliminate the grave discrimination in payment of DR and Basic Pension among different artificially created groups of the pensioners. This compelled the Respondents to depute the Attorney General of India to ensure that the judgment is not delivered in favour of the pensioners by hook or by crook as can be observed from repeated requests for adjournments for one or the other reasons by none other than the Attorney General himself. Our legal fight is continuing for several years, but there would be hardly any occasion when the Attorney General had appeared.Such dilatory tactics and change of bench served the purpose of derailing our cases from the main stream. Our cases lost the priority in the doldrums of rules.
Our cases have been heard to a greater extent. As per the directions of the Bench the common convenience compilation was submitted. The bench had also allocated time and sequence for each advocate as well as set the issues to be assailed by the Respondents. In the meantime, roaster is changed. Now our cases have to be treated as per the provisions of ‘Order III Rule 7’ of the Supreme Court Rules, 2013.
The position is no doubt poignant. Keeping in view the prevailing scenario, we have to move cautiously and remain vigilant to safeguard the interest of thousands of pensioners. Our advocates have assured that they are watchful and attentive and ensure that our cases are listed and decided judicially without any hindrance from any corner. The Sr Advocate agonizingly informed that he himself is highly disappointed with the unfortunate turn and he fully understand the grief of the senior pensioners. He, himself is keeping an eye over the case and looking for an opportune time to move ahead. We also expressed our concern on the legal fee burden for which he assured that he is with us for this cause.
Under the given circumstances, we have to appreciate that:
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i.Our pleadings are convincing and the case is strong on law points,
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ii.May it take more time, we will get justice, (sorry state of affairs)
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iii.We have to be cautious and alert to counter any ulterior move of the Respondents, and
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iv.As I suggested earlier, all the petitioner associations should face the situation jointly with collective wisdom.
This is true that the imbroglio we are facing is painful. But, we cannot leave it. We have to brave all the hurdles and take the cases to their logical end.
With best wishes,
M P Agnihotri.
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