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  • Friday, 21 December 2012

    LIC PENSIONERS CASE LATEST SUPREME COURT ORDER

    ITEM NO.3               COURT NO.4             SECTION XV
                S U P R E M E   C O U R T   O F   I N D I A
                             RECORD OF PROCEEDINGS
                        
    IA  No.3  In  Petition(s)  for  Special  Leave  to  Appeal  (Civil)
    No(s).29956-29957/2011
    L.I.C.                                            Petitioner(s)
                     VERSUS
    KRISHNA MURARI LAL ASTHANA & ORS. ETC.            Respondent(s)
    (With appln(s) for clarification and office report)
    Date: 17/10/2012  This I.A. was called on for hearing today.
    CORAM :
            HON'BLE MR. JUSTICE G.S. SINGHVI
            HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
    For Petitioner(s) Dr.A.M.Singhvi, Sr.Adv.
     Mr.Parag P.Tripathy, Sr.Adv.
                         Mr. Ashok Panigrahi, Adv.
     Mr.Surajit Bhaduri, Adv.
    For Respondent(s)/ Mr.Amarendra Sharan, Sr.Adv.
    Applicant Mr.R.K.Singh, Adv.
     Mr.Kumar Gaurav, Adv.
                         Mr. Rameshwar Prasad Goyal, Adv.
     Mr.Aakash D.Pratap, Adv.
     Ms.Vimla Sinha, Adv.
     Ms.Sushma Suri, A.O.R.
               UPON hearing counsel the Court made the following
                                   O R D E R 
    I.A.No.3 of 2012 In SLP(C)No.29957 of 2011
    This  is  an  application  by  the  respondent  for
    clarification of order dated 14.11.2011.
    We  have  heard  Shri  Amarendra  Sharan,  learned  senior
    counsel  for  the  applicant  and  Dr.A.M.Singhvi,  learned  senior
    counsel for the SLP-petitioner and are satisfied that order dated2
    14.11.2011 needs to be clarified so that neither party may remain
    under  a  mistaken  impression  about  the  purport  of  this  Court's
    order.
    In  view  of  the  above,  paragraph  3  of  order  dated
    14.11.2011 is substituted with the following:
    "In  the  meanwhile,  the  proceedings  pending
    before the High Court under the Contempt of Courts
    Act,  1971  shall  remain  stayed  subject  to  the
    condition that within eight weeks from today, the
    petitioner  shall  deposit  in  the  Registry  of  the
    High Court the amount due to the pensioners i.e.
    the writ petitioners with effect from the date of
    their eligibiity to get retiral benefits."
    I.A. No.3 of 2012 is disposed of in the manner indicated 
    above.
    As a sequel to disposal of I.A.No.3 of 2012, I.A.No.4 of
    2012 in I.A.No.3 of 2012 in SLP(C)No.29957 of 2011 is also disposed
    of. 
        (Satish K.Yadav)          (Phoolan Wati Arora)
          Court Master            Court Master

    Monday, 17 December 2012

    THE MUCH AWAITED ENHANCEMENT OF PENSION MAY BE DELAYED FURTHER. 

    CLICK THIS LINK FOR LATEST NEWS ON OROP IN HEADLINES TODAY TV CHANNEL

    Wednesday, 12 December 2012

    LIC PENSIONERS- LATEST JUDGEMENT OF SUPREME COURT

    ITEM NO.20                               COURT NO.10                                 SECTION XV
    S U P R E M E     C O U R T    O F      I N D I A
    RECORD OF PROCEEDINGS
    Petition(s) for Special Leave to Appeal (Civil) No(s).16117-16118/2011 (From the judgement and order dated 21/01/2011 in DBSAW No.493/2010 in SBCWP No. 6676/1998 & DBSAW No. 494/2010 in SBCWP No.654/2007 of The HIGH COURT OF RAJASTHAN AT JAIPUR)
    LIFE INSURANCE CORP. OF INDIA & ORS.
                                              Petitioner(s)
    VERSUS
    KRISHNA MURARI LAL ASTHANA & ORS.
                                         Respondent(s)
    (With prayer for interim relief)
    Date: 15/07/2011                   These Petitions were called on for hearing today.
    CORAM :
                    HON’BLE MR. JUSTICE G.S. SINGHVI
                    HON’BLE MR. JUSTICE H.L. DATTU
    For Petitioner(s)                     Mr. T.R. Andhyarujina, Sr.Adv.
                                                Mr. A.V. Rangam,Adv.
                                                Mr. Buddy A. Rangandhan, Adv.
    For Respondent(s)                  Mr. Abhinav Sharma, Adv.
                                                Mr. R.K. Singh, Adv.
                                                Mr. Rameshwar Prasad Goyal,Adv.
    UPON hearing counsel the Court made the following
    O  R  D  E  R
    These petitions are directed against order dated 21.1.2011 passed by the Division Bench of the Rajasthan High Court whereby the special appeals filed by the petitioners against the order of the learned Single Judge in the matter of grant of dearness
    allowance to the respondents were dismissed. We have heard learned senior counsel for the petitioners and perused the record.
    Since the petitions filed by the petitioners for review of the order passed by the Division Bench are pending consideration, these petitions are disposed of with a request to the Division Bench of the High Court to make an endeavour to decide the review petitions as early as possible, but latest within three months from the date of receipt/production of copy of this order.
    We also direct that till the disposal of the review petitions, the proceedings initiated against the officers of petitioner No.1 under the Contempt of Courts Act, 1971 shall remain stayed.
    (A.D. Sharma)                                                           (Phoolan Wati Arora)
    Court Master                                                                   Court Master

    LIC SLP IN SUPREME COURT CRRENT STATUS

    SUPREME COURT OF INDIA
    Status of Special Leave Petition (Civil)    29956 -29957    OF   2011

    Case StatusStatus : PENDING

    L.I.C.   .Vs.   KRISHNA MURARI LAL ASTHANA & ORS. ETC.
    Pet. Adv. : MR. ASHOK PANIGRAHI   Res. Adv. : MR. RAMESHWAR PRASAD GOYAL
    Subject Category : SERVICE MATTERS RETIRAL BENEFIT

    CLICK THE FOLLOWING LINK TO VIEW

    http://courtnic.nic.in/courtnicsc.asp

    Listed 2 times earlier.  There are no further orders of listing
    Last updated on Dec 11 2011


    Monday, 10 December 2012

    ANSWER TO QUESTION ASKED IN RAJYA SABHA REGARDING OROP

    GOVERNMENT OF INDIA
    MINISTRY OF  DEFENCE
    RAJYA SABHA
    UNSTARRED QUESTION NO-1296
    ANSWERED ON-05.12.2012

    Decision on one rank one pension scheme


    1296 .    SHRI PRAKASH KESHAV JAVADKAR
    HUSSAIN DALWAI
    (a) whether Government has taken any decision regarding the demand of ‘one rank one pension’ for the ex-servicemen;
    (b) if so, the details thereof;
    (c) if not, the reasons therefor; and
    (d) how Government proposes to give full ‘one rank one pension’?

    ANSWER
    MINISTER OF STATE IN THE MINISTRY OF DEFENCE
    (SHRI JITENDRA SINGH)
    (a) to (d): Government has always been sensitive to the demand of One Rank One Pension. Keeping in view the spirit of the demand, several Commissions / Committees were appointed. Though the demand was not accepted, their recommendations resulted in improving the pension of past pensioners.
    A Committee was set up under the Chairmanship of the Cabinet Secretary in June, 2009. The Committee went into the demand and other related issues. It made seven recommendations aimed at narrowing the gap between earlier and current pensions. This has benefited about 12 lakh retired PBORs / Officers at an annual cost of Rs.2200/- crores approximately.
    Government constituted another Committee in July, 2012, headed by Cabinet Secretary for looking into the pay and pension related issues of relevance to Defence service personnel and Ex-servicemen. The Committee submitted its report. Its recommendations have been accepted by the Government and are in the process of implementation.
    Substantial improvements have been made in the pensions of Armed Forces Personnel after 01.01.2006. However, improvement of pensionary benefits is an ongoing process.
    source -http://rajyasabha.nic.in/

    Friday, 7 December 2012

    LATEST NEWS ON PRE-2006 CASE IN DELHI HIGH COURT

     A writ petition WP(C) 1535/2012 has been filed by UOI for grant of stay against the order dated   01.11.2011 passed by the Central Administrative Tribunal, Principal  Bench, New Delhi in OA No. 655/2010 and in other OAThe case came up for hearing on 4/5/12,7/5/12 & 17/7/12 in which  following orders have been passed.
    "We feel that it  would be appropriate that the petitioner files separate writ petitions in   respect  of  each of the OA which were filed before the Tribunal. The  present writ petition shall be considered as the writ petition in respect  of OA No. 655/2010.  We are issuing formal notice in this matter."   The learned counsel for the respondents state that there would be no necessity to file a counter-affidavit and  they would be relying on the pleadings before the Tribunal and shall not press the contempt application before the  Tribunal till the next date of hearing.  An adjournment slip has been filed on behalf of the respondent. 
      The case was again heard on 29.11.12. Respondents submitted Counters to the  Petition with a point wise reply  in writing. Court gave 4 weeks time to UOI to submit  their Rejoinder.Next date of hearing as per listing is 29/04/2013 .
    ( unreliable sources says that the  Govt. may issue orders before the next date of hearing accepting modified parity prospectively to avoid embarrassment as in the case of rank pay case of defense officers in which govt was directed to pay the arrears retrospectively with interest w.e.f. 1986. )

    Thursday, 6 December 2012

    ORDERS FOR IMPLEMENTATION OF  ENHANCEMENT OF PENSION(ESM)TO BE ISSUED BY THE END OF DEC 2012 & DISBURSEMENT ALONG WITH PENSION OF MARCH 2013
    NEW DELHI: The defence ministry on Wednesday took several decisions to ensure ex-servicemen get their pensions in time, stung by criticism over the huge delay in former NSG commando Surender Singh getting all his dues. Anti-graft crusader Arvind Kejriwal had raised the case of Singh, who was injured in the 26/11 terror attacks, last month, forcing the government to admit there had been a considerable delay since the soldier's retirement "paperwork'' had not been completed in time. 

    At a meeting chaired by defence minister A K Antony, it was decided that 50% of the pension of soldiers who are "invalidated out" or are "war casualties" should be disbursed immediately, pending the completion of retirement/medical board formalities. It was also decided the Army and Navy should follow the IAF's example of the which has established " e-tracking process" to ensure pensions are disbursed in time. 

    Antony also directed that orders for the recently announced Rs 2,300 crore pension package for ex-servicemen should be issued by this month-end. ``The minister said the disbursement of the enhanced pensions should begun by March 31,'' said an official. 

    Minister of state for defence Jitendra Singh will also hold a meeting with different banks this month to bring "uniformity'' in the disbursement of pensions. Antony also asked his officers to ensure "faster disposal'' of decisions taken by the Armed Forces Tribunal

    Ex-servicemen, however, still remain unhappy over the non-implementation of their long-standing demand for one rank, one pension mechanism, which has been promised by most political parties over the years but has never been implemented. 

    The defence community of 14 lakh serving and 23 lakh retired military personnel, after all, swells into a sizable - albeit diffused - votebank of around 1.5 crore people if family members are also taken into account.