Case :- WRIT - A No. - 24580 of 2007


Case :- WRIT - A No. - 24580 of 2007
Petitioner :- Jagdish Narain Khanna And Others
Respondent :- Union Of India And Others
Petitioner Counsel :- Pradeep Chandra,K.N.Tripathi.
Respondent Counsel :- A.S.G.I.,Prakash Padia,S.C.,S.K.Mishra
Hon'ble Rakesh Tiwari,J.
Hon'ble Anil Kumar Sharma,J.
Heard Sri K.N. Tripathi, learned Senior Counsel assisted by Sri Pradeep
Chandra for the petitioner, Sri S.K. Misra for respondent no. 1,
Sri Prakash Padia and Sri Subodh Pandey for respondent no. 2.
Sri K.N. Tripathi, learned Senior Counsel has submitted that this matter pertains to the revision of pension based on pay revision of the retired employees of the Life Insurance Corporation. He has addressed us on the question of alternative remedy and has placed the judgment rendered by this Court in Writ A No. 23907 of 2007 Pramod Kumar Ponia Vs. Life Insurance Corporation of India through its M.D and others. In that case also the petitioners were the officers/employees of the Life Insurance Corporation. The matter being old and as the counter and rejoinder affidavits have been exchanged, the Court had not gone into the question of alternative remedy in that case observing that this question may be decided in some other appropriate case. The instant case is old one i.e. of the year 2007. It also pertains to the officers of the Life Insurance Corporation, who have retired from the services of the Corporation. and affidavits have been exchanged. Therefore, following the judgment in writ petition no. 23907 of 2007 (supra), we are of the view that the High Court in an appropriate case in exercise of its jurisdiction under Article 226 of the Constitution of India can entertain a case, even if no alternative remedy is available to the petitioner.
As regards the question of seeking a writ of mandamus without moving the Central Government by means of a representation prior to its filing is concerned, we find from Annexures- 2 to 5 and 7 that the representations had been made to Union of India by the Trade unions/Federation of the workers/Secretary of India Trade Union Congress. We also find from Annexure-6, the letter dated 4th March, 2005 of the Finance Minister of India that the matter was under consideration of the Government of India.
Sri Prakash Padia submits that the aforesaid representation has been decided by the Finance Minister. In these circumstances that aforesaid writ petition has been filed.
In view of the above, we feel that the matter is of public importance.
Heard the counsel on merits of the case.
Admit.
As the counter and rejoinder affidavits have been exchanged and representation(s) of the petitioner having been decided by the Union Minister, the writ petition seeking mandamus is maintainable, list this matter for hearing before the appropriate Bench in the week commencing 29.4.2013.
This writ petition has been nominated at admission stage to this Bench, which is at present sitting in the First Appeal From Order jurisdiction, therefore, after admitting this writ petition, we release this matter and it may be listed for hearing before appropriate Bench. It shall not be treated as tied up and part heard to this Bench.
Order Date :- 14.3.2013
KCS

(P.N. Srivastava)
Vice President
All India Retired Insurance Employees Federation
Kanpur
Moble- 09415428639

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