Hi Everyone,
Being in similar situation due to denial of wage arrears by LIC, I have been following this on-line forum since beginning. I worked with LIC of India as AAO and AO from 1997 to 2009. Just like many others, I have also been denied arrears for the proportionate service period.
This discrimination by a Govt. owned Corporation is irrational and completely unexpected as is evident from the fact that no bank or DFI or central govt. impose such restrictions. However, before approaching Judiciary, perhaps it is necessary for all of us to exhaust internal avenues (Request and Appeal to LIC for payment of proportionate period of service). LIC is taking its own time for replying. However, making some preparations in the meanwhile will also help.
I have learnt reliably this rule has been approved by LIC, Ministry of Finance and Dept. of Personnel and Training. LIC, AMONG OTHER THINGS, has used the following two High Court decisions to substantiate this discriminatory rule (introduced first time in the year 2000):
(1) Karnataka HC : Balaji singh vs HMT and Anr. (1999 11I.I.J.1052)
(2) Kerla HC : Mani vs. State Bank of Travancore (2000(1)LLN 649)
I would like to know
(1) Whether ratio can be derived from these two cases to deny arrears of salary to the officers resigning with clean hands.
(2) Whether these two cases are sustainable / relevant as a basis for the LIC's discriminatory rule.
(3) Whether these Court decisions have all India impact (perhaps the normal jurisdiction of High Courts is within the concerned state).
(4) Whether these cases went to the Supreme Court and a different outcome was there.
(5) Whether rulings in the abovementioned two cases has been negated by decisions of other / recent Supreme Court and /or High Court decisions.
I am enclosing the copy of two decisions, which I saved from this website itself.
I also request all interested friends, who are in the similar situation, to get together so that we can ensure our success at the earliest. But before we move a suitable court as a group, we need to exhaust the internal avenues available. My e-mail Id is sramesh.2000@rediffmail.com.
Thanks and regards,
S. Ramesh