High Court of DelhiW.P.(C)/10708/2017

Northern Zone Insurance Employees Assocaition (Regd). And ORS. v. Life Insurance Corporation Of India And ORS.

2017-12-01Hon'Ble Mr. Justice Sunil Gaur2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10708/2017 NORTHERN ZONE INSURANCE EMPLOYEES ASSOCAITION (REGD). AND ORS.

..... Petitioners Through:

Mr.Som Dutta Sharma, Advocate and Mr.Gaurav Bhardwaj, Advocate versus LIFE INSURANCE CORPORATION OF INDIA AND ORS.

..... Respondents Through:

Mr.Kamal Mehta, Advocate for R-1 and R-2 Ms.Monika Arora, CGSC and Mr.Harsh Ahuja and Mr.Kushal Kumar, Advocates for R-3

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 01.12.2017 CM No.43876/2017 Allowed subject to just exceptions.

W.P.(C) No.10708/2017 & CM No.43875/2017 Pay fixation of Ex-Servicemen re-employed with respondent-LIC of India has been done vide order of 6th January, 2017 (Annexure P-6) but with effect from 1st January, 2006. The question which arises is as to how can respondent proceed with the re-fixation with retrospective effect. Since petitioner Nos.2 to 31 are the aggrieved parties, therefore they are W.P.(C) No.10708/2017

permitted to file a concise representation to respondent-LIC within one week from today.

Learned counsel for respondent-LIC submits that if such a representation is received within a week, then it would be decided within three weeks and that too, by a speaking order and the fate of the representation would be made known to petitioner No.1-association within a week thereafter.

Let it be so done. First petitioner has made a representation of 17th August, 2017 (Annexure P-7) for putting on hold the recoveries likely to be made in pursuance to the retrospective re-fixation and it is the case of the petitioner that no response to this representation (Annexure P-7) by first respondent is forthcoming.

Let respondent-LIC decide representation (Annexure P-7) of first petitioner also within 3 weeks and the fate of said representation be made known to first petitioner within a week thereafter. Till it is so done, no recoveries in pursuance to the re-fixation (Annexure P-6) be made by respondent-LIC.

With aforesaid directions, this petition and the accompanying application are disposed of.

Copy of this order be given Dasti to both the sides. (SUNIL GAUR) JUDGE DECEMBER 01, 2017 mamta W.P.(C) No.10708/2017