Agreed pension scheme and trust deed bind insurer upon fund receipt and performance; subsequent master policy's conflicting terms void for lacking good faith disclosure, severed by blue pencil rule.

JUDGMENT :

Vivek Singh Thakur, J.

These matters, for involvement of common question of law and facts, to be decided on the basis of common documents, are being decided together.

2. LPA Nos. 45 to 48 of 2019 have been preferred by Life Insurance Corporation of India (for short the ‘LIC’) against the common judgment dated 25.04.2019, passed by learned Single Judge in CWP No. 1147 of 2016, titled as Raj Kumar Thakur & Ors. vs State of Himachal Pradesh & Ors.; CWP No. 1439 of 2016, titled as Devender Kumar Tandon & Ors. vs. Himachal Pradesh Urban Development Authority & Ors.; CWP No. 3134 of 2016, titled as H.P. Housing and Urban Development Authority VS. LIC of India & Anr.; and CWP No. 2007 of 2017, titled as Ashwani Kumar Kalta & Ors. vs. Himachal Pradesh Housing & Urban Development Authority & Ors., whereby decision taken in pursuance to order dated 06.10.2015, passed by this High Court in CWP No. 8821 of 2014 and 14 other connected writ petitions, in the meeting dated 23.11.2015, issued on 18.12.2015 (Annexure P-13 of CWP No. 1147 of 2016) by LIC of India, Divisional Office Kasumpti, has been quashed and set aside and LIC has been directed to pay pension and DA to the retirees of Himachal Pradesh Urban Development Authority (for short the ‘HIMUDA’), as per the Scheme with further direction not to withhold any amount of pension and DA in future payable to the present and prospective retirees, and LIC has also been restrained from raising any illegal demand for paying any additional amount other than which was mutually agreed in accordance with Scheme (Annexure P-8 of CWP No. 1147 of 2016), with observation that agreed amount, admittedly, already stands paid to the LIC.

3. CWP No. 2776 of 2022 has been preferred by wife of deceased employee of the HIMUDA, to whom family pension has not been disbursed despite submitting all requisite documents, seeking directions to pay the same as per Pension Scheme.

4. CWPOA No. 6554 of 2020 has also been filed by wife of deceased employee of HIMUDA, seeking directions to release family pension alongwith consequential benefits as per Pension Scheme.

5. Serving as well as retired employees of HIMUDA had approached the Court by filing CWP Nos. 1147 of 2016, 1439 of 2016 and 2007 of 2017, challenging the act of LIC whereby LIC had refused to pay pension/family pension to the petitioners or families of the deceased employees of HIMUDA, who had retired or died after April, 2015, by laying challenge to the consideration order passed by LIC in its proceedings dated 23.11.2025 (Annexure P-13 referred supra) in pursuant to orders passed by this High Court in earlier writ petitions filed by some of employees of HIMUDA bearing CWP No. 8821 of 2014 alongwith connected writ petitions.

6. CWP No. 3134 of 2016 was filed by HIMUDA being employer, seeking directions to the LIC, (a) to pay pension and upto date DA to the retirees of HIMUDA as per Scheme without any delay and, (b) not to withhold any amount of pension and DA in future payable to the retirees and prospective retirees, (c) to pay amount of pension and upto date DA from the date of wrong and illegal stoppage with interest @ 18% per annum till the date of payment, (d) to restrain the LIC from raising illegal demand for additional amount not payable under the scheme and (e) not to insist the applica