Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Insurance Corporation of India (Employees) Pension Rules Pensionary benefits Life Insurance Corporation Act 1956 1995 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Life Insurance Corporation Act, 1956 (31 of 1956) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Life Insurance Corporation Act 1956 — ss. 21, 48 — Life Insurance Corporation of India (Employees) Pension Rules, 1995-- 7, 37, 55, Appendix IV para 3A — Pensionary benefits — Resolution passed by the Board to the effect for Amendment to LIC of India (Employees) Pension Rules, 1995-Upgrading of Basic Pension in respect of retirees prior to 01.08.1997 — Corporation sought amendment to the 1995 Rules — Non-execution of the Resolution by the Corporation — Writ petitions — Single Judge and Division Bench of the High Court on the basis of the concession given by the counsel for the Union of India, directed the Corporation to take a decision for implementation of the resolution passed by the Board and the Corporation cannot provide different criteria for grant of dearness allowance to the existing pensioners based on cut-off date i.e. 31.7.1997 — On appeal, held: In the absence of a Rule, no benefit can be granted on the basis of the resolution passed by the Corporation — High Court could not have held to the contrary on the basis of the concession given by the counsel for the Union of India — Resolution could not become operative unless it was conferred the status of a rule as provided u/s. 48 — Orders passed by the High Courts of Rajasthan, Delhi and Punjab & Haryana set aside and the writ petitions transferred from the High Courts of Rajasthan and Punjab & Haryana to the High Court of Delhi, which would decide the constitutional validity of Para 3A of the Appendix to the Rules — Corporation to pay 40% as per Para 3A of the Appendix to each of the employees. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 293 |
Petitioner | Lic Of India And Others |
Respondent | Krishna Murari Lal Asthana And Another Etc. |
SCR | [2016] 1 S.C.R. 837 |
Judgement Date | 2016-03-31 |
Case Number | 8959-8962 |
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