I reproduce the following extract from the order dt 12/7/2016 of the Delhi High Court in respect of WP No 3984/2016:
“We are not satisfied with the affidavit filed
by the Life Insurance Corporation of India in compliance with the
directions given in paragraph 27 of the aforesaid judgment of the
Supreme Court. The Life Insurance Corporation will file a detailed
affidavit within 7 days clearly stating that they have complied with the
direction given by the Supreme Court to pay 40% as per para 3A of the
appendix to each of the employees (pensioners) within six weeks. The
manner in which computation has been made for payment of 40% of the
amount as per para 3A of the appendix would be stated. The affidavit
would also specify whether the pensioners have been disbursed the amount
payable to them”.
The points that emerge from the above are:
1. The affidavit filed by LIC on 40% payment of interim relief is not satisfactory to the Court.
2. LIC
has to clearly establish through the fresh affidavit to be filed
that the payments of IR have been made as per para 3A of Appendix IV;
3. The
manner in which computation has been made for payment of 40% of the
amount as per para 3A has to be stated in the affidavit. This means not
merely the manner in which they have prepared the calculation sheets for
the payment, but LIC has also to establish in the affidavit how the
calculation sheet to the satisfaction of the Delhi High Court conforms
to the para 3A of Appendix IV;
4. The affidavit should also specify whether the pensioners have been disbursed the amount payable to them.
This becomes
relevant because, against 21762 pre-August 1997 retirees alive on
1/8/2003, only 15969 pensioners have been paid what LIC determined as
interim relief. The remaining 5769 pensioners have not been accounted
for in the payment.LIC needs to explain why the amount due to these
5769 pensioners has not been paid besides explaining how the amount paid
to the 15969 pensioners have been paid the due amounts in conformity
with para 3A.
Let us now wait and see how LIC complies with the directions of the Delhi High Court in this regard.
Kind regards.
C H Mahadevan