ASGER IBRAHIM AMIN vs LIFE INSURANCE CORPORATION OF INDIA (LIC) THRO CHAIRMAN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GUJARAT HIGH COURT
JAYANT PATEL, MOHINDER PAL, JJ
ASGER IBRAHIM AMIN – Appellant
Versus
LIFE INSURANCE CORPORATION OF INDIA (LIC) THRO CHAIRMAN – Respondent

Advocates:
For the Appellants/Petitioners: MR A M VADERA, MR GT PARIKH
For the Respondents: MR KV GADHIA

Table of Content
1. delay in pursuing pension claim. (Para 1 , 5)
2. arguments addressing resignation vs. retirement for pension eligibility. (Para 2 , 3 , 4)
3. court's position on jurisdiction and delay equity. (Para 6 , 10 , 11)
4. rationale on binding precedents and differentiation of employment terms. (Para 7 , 8 , 9)
5. final ruling on dismissal of appeal. (Para 12)

JUDGEMENT

(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)

1. The present appeal is directed against the order dated 5.10.2012 passed by the learned Single Judge of this Court in Special Civil Application No.4477 of 2012; whereby, learned Single Judge for the reasons recorded in the order, has dismissed the petition on the ground of delay.

2. We have heard Mr.Vadera, learned counsel appearing for the appellant.

3. The contention raised on behalf of the petitioner is that the petitioner was pursuing the remedy inasmuch, after the proposal was rejected in October, 1995, the petitioner had addressed several letters by way of representation in the year 2000.

4. However thereafter as in respect of one co-employee of the petitioner, the learned Single Judge of this Court in Special Civil Application No.9572 of 1999 as w

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GUJARAT HIGH COURTJAYANT PATEL, MOHINDER PAL, JJASGER IBRAHIM AMIN – AppellantVersusLIFE INSURANCE CORPORATION OF INDIA (LIC) THRO CHAIRMAN – Respondent

GUJARAT HIGH COURT
JAYANT PATEL, MOHINDER PAL, JJ
ASGER IBRAHIM AMIN – Appellant
Versus
LIFE INSURANCE CORPORATION OF INDIA (LIC) THRO CHAIRMAN – Respondent