Wednesday, June 30, 2010
RIEA LETTER TO MD 30 6 2010
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 30, 2010
The Managing Director,
L.I.C. of India,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 021
Sir,
Sub: Revision of Pensions and payment of Dearness relief on pensions.
***
On 19th of May, 2010 we had sent a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then we had submitted the Certified copy of the said judgment passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana and others vs. Union of India and another on the subject of payment of Dearness Relief on Pensions. In the said letters we had requested for implementation of the judgment within a period of one month from receipt of the certified copy of the judgment.
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
Then along with letter of Retired Insurance Employees Association dated 8th June, 2010 a copy of the latest judgment of the Hon’ble Supreme Court dated 3rd June, 2010 on the powers of the Government to interfere in the working of the independent Boards, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc., and filing of frivolous litigation was sent.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. With this Policy the scope of appeal has also come to an end.
It is needless to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a group of employees the effect of such benefit, if otherwise comes within the purview thereof must be held to be applicable to other groups of employees also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales.
However, inspite of lapse of a long time the judgment of the Hon’ble Rajasthan High Court has not been implemented, which had directed for implementation of the decision of the Board of LIC itself dated 24/11/2001 with such modifications as have been given in the judgment to remove the discrimination meted out to the Pensioners for long.
It was also requested that instructions be issued for payment of DR on the slabs which had accrued and for which DA has already been released to in-service employees from 1st May, 2010. This would have given some respite to the old citizens of India from every day soaring prices of the life saving items. But these instructions have also not been issued.
Since the decision of the Board has to be implemented there should not be any hitch but no action is being taken on the same. Sir, does it not amount to contempt of court?
It is therefore once again requested that instructions be issued within a period of fifteen days from receipt of this letter positively, otherwise the Petitioners may approach the Court for redressal.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 30, 2010
The Managing Director,
L.I.C. of India,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 021
Sir,
Sub: Revision of Pensions and payment of Dearness relief on pensions.
***
On 19th of May, 2010 we had sent a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then we had submitted the Certified copy of the said judgment passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana and others vs. Union of India and another on the subject of payment of Dearness Relief on Pensions. In the said letters we had requested for implementation of the judgment within a period of one month from receipt of the certified copy of the judgment.
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
Then along with letter of Retired Insurance Employees Association dated 8th June, 2010 a copy of the latest judgment of the Hon’ble Supreme Court dated 3rd June, 2010 on the powers of the Government to interfere in the working of the independent Boards, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc., and filing of frivolous litigation was sent.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. With this Policy the scope of appeal has also come to an end.
It is needless to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a group of employees the effect of such benefit, if otherwise comes within the purview thereof must be held to be applicable to other groups of employees also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales.
However, inspite of lapse of a long time the judgment of the Hon’ble Rajasthan High Court has not been implemented, which had directed for implementation of the decision of the Board of LIC itself dated 24/11/2001 with such modifications as have been given in the judgment to remove the discrimination meted out to the Pensioners for long.
It was also requested that instructions be issued for payment of DR on the slabs which had accrued and for which DA has already been released to in-service employees from 1st May, 2010. This would have given some respite to the old citizens of India from every day soaring prices of the life saving items. But these instructions have also not been issued.
Since the decision of the Board has to be implemented there should not be any hitch but no action is being taken on the same. Sir, does it not amount to contempt of court?
It is therefore once again requested that instructions be issued within a period of fifteen days from receipt of this letter positively, otherwise the Petitioners may approach the Court for redressal.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
RIEA LETTER TO EDP 30 6 2010
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 30, 2010
The Executive Director (P),
L.I.C. of India,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 021
Sir,
Sub: Revision of Pensions and payment of Dearness relief on pensions.
***
On 19th of May, 2010 we had sent a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then we had submitted the Certified copy of the said judgment passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana and others vs. Union of India and another on the subject of payment of Dearness Relief on Pensions. In the said letters we had requested for implementation of the judgment within a period of one month from receipt of the certified copy of the judgment.
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
Then along with letter of Retired Insurance Employees Association dated 8th June, 2010 a copy of the latest judgment of the Hon’ble Supreme Court dated 3rd June, 2010 on the powers of the Government to interfere in the working of the independent Boards, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc., and filing of frivolous litigation was sent.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. With this Policy the scope of appeal has also come to an end.
It is needless to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a group of employees the effect of such benefit, if otherwise comes within the purview thereof must be held to be applicable to other groups of employees also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales.
However, inspite of lapse of a long time the judgment of the Hon’ble Rajasthan High Court has not been implemented, which had directed for implementation of the decision of the Board of LIC itself dated 24/11/2001 with such modifications as have been given in the judgment to remove the discrimination meted out to the Pensioners for long.
It was also requested that instructions be issued for payment of DR on the slabs which had accrued and for which DA has already been released to in-service employees from 1st May, 2010. This would have given some respite to the old citizens of India from every day soaring prices of the life saving items. But these instructions have also not been issued.
Since the decision of the Board has to be implemented there should not be any hitch but no action is being taken on the same. Sir, does it not amount to contempt of court?
It is therefore once again requested that instructions be issued within a period of fifteen days from receipt of this letter positively, otherwise the Petitioners may approach the Court for redressal.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 30, 2010
The Executive Director (P),
L.I.C. of India,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 021
Sir,
Sub: Revision of Pensions and payment of Dearness relief on pensions.
***
On 19th of May, 2010 we had sent a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then we had submitted the Certified copy of the said judgment passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana and others vs. Union of India and another on the subject of payment of Dearness Relief on Pensions. In the said letters we had requested for implementation of the judgment within a period of one month from receipt of the certified copy of the judgment.
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
Then along with letter of Retired Insurance Employees Association dated 8th June, 2010 a copy of the latest judgment of the Hon’ble Supreme Court dated 3rd June, 2010 on the powers of the Government to interfere in the working of the independent Boards, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc., and filing of frivolous litigation was sent.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. With this Policy the scope of appeal has also come to an end.
It is needless to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a group of employees the effect of such benefit, if otherwise comes within the purview thereof must be held to be applicable to other groups of employees also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales.
However, inspite of lapse of a long time the judgment of the Hon’ble Rajasthan High Court has not been implemented, which had directed for implementation of the decision of the Board of LIC itself dated 24/11/2001 with such modifications as have been given in the judgment to remove the discrimination meted out to the Pensioners for long.
It was also requested that instructions be issued for payment of DR on the slabs which had accrued and for which DA has already been released to in-service employees from 1st May, 2010. This would have given some respite to the old citizens of India from every day soaring prices of the life saving items. But these instructions have also not been issued.
Since the decision of the Board has to be implemented there should not be any hitch but no action is being taken on the same. Sir, does it not amount to contempt of court?
It is therefore once again requested that instructions be issued within a period of fifteen days from receipt of this letter positively, otherwise the Petitioners may approach the Court for redressal.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
RIEA LETTER TO CHAIRMAN 30 6 10
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 30, 2010
The Chairman,
L.I.C. of India ,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 021
Sir,
Sub: Revision of Pensions and payment of Dearness relief on pensions.
***
On 19th of May, 2010 we had sent a downloaded copy of the judgment of the Hon’ble High Court dated 12/1/2010 and then we had submitted the Certified copy of the said judgment passed in S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana and others vs. Union of India and another on the subject of payment of Dearness Relief on Pensions. In the said letters we had requested for implementation of the judgment within a period of one month from receipt of the certified copy of the judgment.
In S.B. Civil Writ Petition No. 6676/1998 the differential treatment with regard to D.R. pensioners who retired prior to 1/8/1997 was challenged and the Hon’ble Rajasthan High Court has directed that there cannot be different rates of Dearness Relief than the rates at which it was payable to in-service employees. This is applicable to those retired after 1/1/1986 to 31/7/1997 since same rate has been applied to those who retired after 1/8/1997. It also means that the DR has to be revised on quarterly basis as is revised in the case of in-service employees.
By another writ petition No. 654/2007 I along with other Petitioners had challenged the action of the Corporation in not revising the pensions as and when pay scales were revised. In this writ petition the Hon’ble High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse. All pensioners are entitled to revision of pensions as and when pay scales are revised. The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.
Then along with letter of Retired Insurance Employees Association dated 8th June, 2010 a copy of the latest judgment of the Hon’ble Supreme Court dated 3rd June, 2010 on the powers of the Government to interfere in the working of the independent Boards, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc., and filing of frivolous litigation was sent.
Then the Central Government had announced the National Litigation Policy and the Retired Insurance Employees Association had submitted its letter dated 24th June, 2010 quoting the relevant portion of the said Policy. This Policy amongst other things had pronounced that appeals would not be filed in pension and retirement benefit matters. With this Policy the scope of appeal has also come to an end.
It is needless to make a mention of the judgment of the Hon’ble Supreme Court delivered in Civil Appeal No. 1289 of 2007 – Life Insurance Corporation of India and others vs. Retired L.I.C. Officers and others [(2008) 3 SCC 382] the Hon’ble Supreme Court has held in para 25 that when a benefit is extended to a group of employees the effect of such benefit, if otherwise comes within the purview thereof must be held to be applicable to other groups of employees also. This applies to the present case of the Petitioners and cannot be disobeyed by the Corporation. The Pensioners are also employees of the Corporation and they cannot be denied the benefit of revision of pay scales.
However, inspite of lapse of a long time the judgment of the Hon’ble Rajasthan High Court has not been implemented, which had directed for implementation of the decision of the Board of LIC itself dated 24/11/2001 with such modifications as have been given in the judgment to remove the discrimination meted out to the Pensioners for long.
It was also requested that instructions be issued for payment of DR on the slabs which had accrued and for which DA has already been released to in-service employees from 1st May, 2010. This would have given some respite to the old citizens of India from every day soaring prices of the life saving items. But these instructions have also not been issued.
Since the decision of the Board has to be implemented there should not be any hitch but no action is being taken on the same. Sir, does it not amount to contempt of court?
It is therefore once again requested that instructions be issued within a period of fifteen days from receipt of this letter positively, otherwise the Petitioners may approach the Court for redressal.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
Thursday, June 24, 2010
RIEA LETTER TO EDP 24 6 2010
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2352023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 24, 2010
The Executive Director (P),
L.I.C. of India,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 001
Sir,
Sub: Implementation of the judgment of Hon’ble Rajasthan High Court
in S.B. Civil Writ Petition Nos. 6676/1998 and 654/2007- Krishna Murari Lal Asthana.
***
Kindly refer to our representation dated 24/5/2010 along which we had submitted the certified copy of the judgment dated 12/1/2010 of the Hon’ble Rajasthan High Court whereby the S.B. Civil Wit Petition No. 6676 of1998 entitled Krishna Murari Lal Asthana vs. Union of India and others and S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and another have been allowed.
After this letter we had also sent a copy of the judgment of the Hon’ble Supreme Court rendered on 3rd June, 2010 along with our letter dated 8/6/2010.
We have been awaiting necessary instructions for implementation of the judgment but it appears that action has not been initiated so far by issue of instructions of DR on quarterly basis from 1/5/2010.
We are now reproducing hereunder the relevant provisions of the National Litigation Policy announced by the Union Law Minister yesterday the 23rd June, 2010 for your kind reference:
Appeals, adjournments, delays restricted
Appeals would no longer be filed in:
• ex parte ad interim orders,
• tribunal hearings or administrative tribunals, unless in exceptional cases,
• service matters that only pertain to "individual grievance without any major repercussion" or pension or retirement benefits that do not have precedential or financial implications, or
• revenue matters unless the stakes are high or in a number of other exceptions
Appeals to the Supreme Court would only be allowed if:
• a case involves a question of law or a question of law under the constitution,
• a conclusion of fact by the lower court was "perverse" or a High Court's decision was "plainly erroneous",
• public finances are adversely affected,
• it substantially interferes with "public justice", or
• a High Court exceeded its jurisdiction or has struck down a statutory provision as ultra vires.
Delays in filing appeals would also be more strictly monitored by the new nodal officers and heads of departments and the "question of limitation and delay must be approached on the premise that every court will be strict with regard to condonation of delay".
In view of this mandatory provision of the National Litigation Policy no appeal in the matters of pensions and retiral benefits is to be filed. This Policy comes into force from 1st July, 2010. We are sure that a magnanimous Institution like LIC will honour the judgment and give respite to the Pensioners in the last days of their life, hundreds of whom have already left this world. We hope in this view if there is any thought of appeal the same should not be resorted to.
It may not be out of place to submit that even the Hon’ble Supreme Court in its latest judgment dated 3/6/2010, a copy of which has already been submitted, has deprecated frivolous litigation.
Under the circumstances we request you to kindly implement the judgment of the Hon’ble Rajasthan High Court, which has already been overdelayed.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2352023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 24, 2010
The Executive Director (P),
L.I.C. of India,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 001
Sir,
Sub: Implementation of the judgment of Hon’ble Rajasthan High Court
in S.B. Civil Writ Petition Nos. 6676/1998 and 654/2007- Krishna Murari Lal Asthana.
***
Kindly refer to our representation dated 24/5/2010 along which we had submitted the certified copy of the judgment dated 12/1/2010 of the Hon’ble Rajasthan High Court whereby the S.B. Civil Wit Petition No. 6676 of1998 entitled Krishna Murari Lal Asthana vs. Union of India and others and S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and another have been allowed.
After this letter we had also sent a copy of the judgment of the Hon’ble Supreme Court rendered on 3rd June, 2010 along with our letter dated 8/6/2010.
We have been awaiting necessary instructions for implementation of the judgment but it appears that action has not been initiated so far by issue of instructions of DR on quarterly basis from 1/5/2010.
We are now reproducing hereunder the relevant provisions of the National Litigation Policy announced by the Union Law Minister yesterday the 23rd June, 2010 for your kind reference:
Appeals, adjournments, delays restricted
Appeals would no longer be filed in:
• ex parte ad interim orders,
• tribunal hearings or administrative tribunals, unless in exceptional cases,
• service matters that only pertain to "individual grievance without any major repercussion" or pension or retirement benefits that do not have precedential or financial implications, or
• revenue matters unless the stakes are high or in a number of other exceptions
Appeals to the Supreme Court would only be allowed if:
• a case involves a question of law or a question of law under the constitution,
• a conclusion of fact by the lower court was "perverse" or a High Court's decision was "plainly erroneous",
• public finances are adversely affected,
• it substantially interferes with "public justice", or
• a High Court exceeded its jurisdiction or has struck down a statutory provision as ultra vires.
Delays in filing appeals would also be more strictly monitored by the new nodal officers and heads of departments and the "question of limitation and delay must be approached on the premise that every court will be strict with regard to condonation of delay".
In view of this mandatory provision of the National Litigation Policy no appeal in the matters of pensions and retiral benefits is to be filed. This Policy comes into force from 1st July, 2010. We are sure that a magnanimous Institution like LIC will honour the judgment and give respite to the Pensioners in the last days of their life, hundreds of whom have already left this world. We hope in this view if there is any thought of appeal the same should not be resorted to.
It may not be out of place to submit that even the Hon’ble Supreme Court in its latest judgment dated 3/6/2010, a copy of which has already been submitted, has deprecated frivolous litigation.
Under the circumstances we request you to kindly implement the judgment of the Hon’ble Rajasthan High Court, which has already been overdelayed.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
RIEA LETTER TO CHAIRMAN 24 6 2010
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2352023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 24, 2010
The Chairman,
L.I.C. of India ,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 001
Sir,
Sub: Implementation of the judgment of Hon’ble Rajasthan High Court
in S.B. Civil Writ Petition Nos. 6676/1998 and 654/2007- Krishna Murari Lal Asthana.
***
Kindly refer to our representation dated 24/5/2010 along which we had submitted the certified copy of the judgment dated 12/1/2010 of the Hon’ble Rajasthan High Court whereby the S.B. Civil Wit Petition No. 6676 of1998 entitled Krishna Murari Lal Asthana vs. Union of India and others and S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and another have been allowed.
After this letter we had also sent a copy of the judgment of the Hon’ble Supreme Court rendered on 3rd June, 2010 along with our letter dated 8/6/2010.
We have been awaiting necessary instructions for implementation of the judgment but it appears that action has not been initiated so far by issue of instructions of DR on quarterly basis from 1/5/2010.
We are now reproducing hereunder the relevant provisions of the National Litigation Policy announced by the Union Law Minister yesterday the 23rd June, 2010 for your kind reference:
Appeals, adjournments, delays restricted
Appeals would no longer be filed in:
- ex parte ad interim orders,
- tribunal hearings or administrative tribunals, unless in exceptional cases,
- service matters that only pertain to "individual grievance without any major repercussion" or pension or retirement benefits that do not have precedential or financial implications, or
- revenue matters unless the stakes are high or in a number of other exceptions
Appeals to the Supreme Court would only be allowed if:
- a case involves a question of law or a question of law under the constitution,
- a conclusion of fact by the lower court was "perverse" or a High Court's decision was "plainly erroneous",
- public finances are adversely affected,
- it substantially interferes with "public justice", or
- a High Court exceeded its jurisdiction or has struck down a statutory provision as ultra vires.
Delays in filing appeals would also be more strictly monitored by the new nodal officers and heads of departments and the "question of limitation and delay must be approached on the premise that every court will be strict with regard to condonation of delay".
In view of this mandatory provision of the National Litigation Policy no appeal in the matters of pensions and retiral benefits is to be filed. This Policy comes into force from 1st July, 2010. We are sure that a magnanimous Institution like LIC will honour the judgment and give respite to the Pensioners in the last days of their life, hundreds of whom have already left this world. We hope in this view if there is any thought of appeal the same should not be resorted to.
It may not be out of place to submit that even the Hon’ble Supreme Court in its latest judgment dated 3/6/2010, a copy of which has already been submitted, has deprecated frivolous litigation.
Under the circumstances we request you to kindly implement the judgment of the Hon’ble Rajasthan High Court, which has already been overdelayed.
Thanking you,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
Tuesday, June 8, 2010
RIEA LETTER TO CHAIRMAN 8 6 2010
RETIRED INSURANCE EMPLOYEES ASSOCIATION, JAIPUR
(Affiliated to All India Retired Insurance Employees Federation)
***
President: K.L. Malhotra (2353023) B-8, Shanti Nagar,
Secretary: M.L Khandelwal (2310783) Ajmer Road,
Org. Secy. K.M.L. Asthana (2223712) Jaipur-302006
(098285 28725) E-mail: asthana_jaipur@yahoo.com
June 8, 2010
The Chairman,
L.I.C. of India ,
Central Office,
Yogakshema,
Jeevan Bima Marg,
Mumbai-400 021
Sir,
Sub: Implementation of the judgment of the Hon’ble Rajasthan High
Court dated 12/1/2010 in SB C.W.P. Nos. 6676/1998 and 654/2007.
***
This is further to our letter dated 24/5/2010 along with certified copy of the judgment of the Hon’ble High Court in the above cases with a request to please implement the judgment within one month.
However, on the above subject we are sending herewith a copy of the judgment of the Hon’ble Supreme Court rendered on 3rd June, 2010, which is on the subject of powers of the Government to interfere in the working of the independent Boards, as ours is, responsibility of the administrative officers to implement such decisions, intervention of politicians such as Ministers etc, and filing of frivolous litigation. This judgment is in addition to the cases referred to in the judgment and also on other subjects.
Sir, thus we have been able to get independence of the Board from the shackles of the Central Government and now it is for the administrative machinery of the Board to take immediate steps for implementation of the decision of the Board.. Kindly therefore, comply with the judgment of the Hon’ble High Court without any further delay as requested in our letter under reference.
Thanking you, Sir,
Yours faithfully,
(K.M.L. Asthana)
Org. Secretary
Encl. as above
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