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