In a petition filed in 2001 for ex-gratia pension under an LIC scheme for pre-1986 retirees, the High Court dismissed the claim after noting that the condition for relief was forgoing state pension, which the petitioners retained despite knowing the minimal amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 28TH DAY OF JANUARY 2016/8TH MAGHA, 1937
OP.No. 4155 of 2001 (T)
PETITIONERS:
1. A.R.V.SARMA,41, VINAYAK NAGAR, THIRUVANANTHAPURAM 695 018.
2. M.S. KAIMAL, KARTHIKANILAYAM, IRAMALLOOR P.O., CHERTHALA
BY ADV. SRI.N.N.SUGUNAPALAN (SR.)
RESPONDENTS:
1. LIFE INSURANCE CORPORATION, REPRESENTED BY ITS CHAIRMAN, MUMBAI 400 021.
2. UNION OF INDIA - REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF ECONOMIC AFFAIRS INSURANCE DIVISION, LOK NAYAK BHAVAN, NEW DELHI 110 003.
R1 BY ADV. SRI.E.SUBRAMANI R2 BY ADV. SRI.V.V.JOSHI, ADDL.CGSC R2 BY ADV. SMT.S.AMBIKA DEVI, ADDL.CGSC R1 BY S.EASWARAN STANDING COUNSE, LIC
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP.No. 4155 of 2001 (T)
APPENDIX
PETITIONER'S EXHIBITS
RESPONDENT'S EXHIBITS
//TRUE COPY//
P.A. TO JUDGE
JJJ
K. VINOD CHANDRAN, J.
O.P. No. 4155 of 2001 (T)
Dated this the 28th day of January, 2016
J U D G M E N T
The petitioners are persons who were in the State Government Insurance Department prior to the take over of the life insurance business by the Life Insurance Corporation of India (LIC) in 1956. The petitioners, admittedly, were being granted pension by the State, but, however, very nominal pension, as is indicated at Ext.P1.
O.P. No.4155/2001
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force so as to benefit those pre-1.1.1986 retirees. They were entitled to ex-gratia pension on condition that they are not getting any pensionary benefits either from government Corporations or erstwhile Insurance Companies. The petitioners contend that they have been drawing only minimal pension as is seen at Ext.P1 and they should be granted the pension as per Ext.P2 scheme, de hors the fact that they are drawing the State Government pension.
O.P. No.4155/2001
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erstwhile Insurance Companies, before take over by LIC, making them eligible for grant of ex-gratia, provided they forgo the pension they are drawing.
O.P. No.4155/2001
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that they are entitled to ex-gratia pension. The aspect of delay also stands against the petitioners.
In such circumstance, the writ petition is
dismissed. No Costs
Sd/K.VINOD CHANDRAN, JUDGE
jjj 28/1/16
2 issues framed by the court
Whether petitioners drawing state government pension are entitled to ex-gratia pension under the LIC scheme introduced in 1997.
Whether the delay in filing the petition and voluntary retention of state pension bars the claim.
A.R.V.SARMA & ORS.
LIFE INSURANCE CORPORATION
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
