Effect of leave granted under slp without stay on high court order

C H MAHADEVAN (Querist) 17 October 2013 This query is : Resolved
27 petitioners had filed a writ petition in Jaipur Bench of Rajasthan High Court for removal of Dearness Relief anomalies and upgradation of pension. The Single judge Bench gave an order in favour of the petitioners on 12/1/2010.The LIC of India appealed to the Division Bench which was also dismissed on 21/1/2011.The LIC of India filed SLP (c)(CC)Nos 16755-16758 against the Division Bench judgment in the Supreme Court for condonation of delay and grant of leave. The Supreme Court on 30/9/2013 condoned the delay and granted leave but stating that there will be no stay on the judgment of Jaipur Single Bench dt 12/1/2010.The single judge Bench order of Jaipur Bench is attached .
Now,what are the obligations of the LIC arising out of the SLP?Should the LIC pay the benefits to the 27 petitioners only or all pensionewrs can claim payment of benefits in rem?The observations of the judge in the last para mentioning'pensioners' and not petitioners may be noted.A pending contempt petition against senior officials of LIC filed by the petitioners is also coming up for hearing on 22nd inst at Jaipur.
C H Mahadevan
Hyderabad

Follow Query

Report Abuse

Devajyoti Barman (Expert) 17 October 2013
Since no stay is there, the petitioners can file contempt case to implement the order of Jaipur HC in the same court.