YOU are visiting this site from today onwards to 2nd March 2012, which is the date when the Supreme Court will take up for consideration the Special Leave Petition, only to know the fate of Contempt Petition pending before the Rajasthan High Court.
While news regarding what developments took place in the Rajasthan High Court is still awaited, let it be understood that we should not expect any important development to take place in the High Court when the Supreme Court has ordered stay of contempt proceedings in the High Court.
Contempt proceedings in the High Court will get postponed from time to time.
It is a necessary requirement that the party moving a Special Leave Petition in the Supreme Court must submit to the order of the High Court first.Only then, the special petition will be taken up for consideration.A person sentenced jail imprisonment by High Court must report to jail authorities and submit to law before his petition against lower court is considered by Supreme Court.
It is for this reason that the Supreme Court ordered that the “amount due to the employees” (thereby meaning,’ Pensioners’) should be deposited in the Court.
It is reported that the Life Insurance Corporation of India has deposited Rs.4.35 lacs in the court. If LIC of India takes the stand that this is precisely the amount due to the pensioners/petitioners, it would sound a good legal argument that no further amount would be required to be deposited with the court .
An average LIC pensioner has many grievances. But at the same time he has the legitimate pride in saying that he is a pensioner.
But remember, there were those days when an employee retiring from LIC had no pension benefits at all. It is a disturbing thought for us to recollect that employees retired without pension. They had the misfortune or bad luck of retiring just with Provident Fund and Gratuity.
Whatever be the positive side of this system of providing provident fund and gratuity as retirement benefits, money received was "loose cash" however hard you try to invest the amount with utmost safety and security. Such loose cash is easily spent.
These ex-employees had hard and miserable days and some of them died penniless.
In this back drop, we are fortunate now to acknowledge that we receive a ‘decent’ pension these days. However court is seized of a particular aspect of our pension payment structure and rules. Court order says “pensioners who retired after 31-7-1997 are getting the benefit of dearness allowance on the basic pension, thus the petitioners (pensioners) have been divided in two categories in a discriminatory manner.”
Thus pension litigation is important in this way in so far as it seeks to obviate the different ways of calculation of Dearness Allowance to the different categories of pensioners and seeks to remove disparities.
But it must be said without an iota of doubt that the publicity unleashed by a section of our brethren that we have won the case etc. was wrong and not justified as the court case is still getting on.
Some of our pensioner-brothers were even calculating the benefits coming out of Rajasthan High Court judgment.This was really an orchestrated symphony and I feel that that by all means such tendencies should not have been knowingly supported.
Anyway Supreme Court is seized of the matter. I have my worries about the final outcome of the Supreme Court case, let me frankly admit, my dear friends.
But I will be a happy man if my worries are proved to be without any rhyme or reason and LIC pensioners finally win the case!
LIFE INSURANCE CORPORATION OF INDIA, KOZHIKODE DIVISION HAS OFFICIALLY INFORMED YOUR EDITOR THAT A FRAUD OF RS.62,74,587/- WAS ALLEGEDLY COMMITTED BY CP DAMODARAN, FORMERLY ASSISTANT ADMINISTRTATIVE OFFICER IN THE KGSD DEPARTMENT OF KOZHIKODE DIVISIONAL OFFICE.
IT WAS ALSO INFORMED THAT SHRI CP DAMODARAN'S "PENSION WITHHELD".
Let us try to magnify a portion of information flowing to us concerning the legal battle being waged in High Court of Rajasthan and now in the Supreme Court of India.We are all aware that the Supreme Court has ordered that the amount due to the "employees" should be deposited with the court.
The implication of this court order, as was originally understood by all of us, was that amount payable to all pensioners would be calculated and deposited with the Court by the Life Insurance Corporation of India.To some extent we, the pensioners, were therefore jubilant.The order gave us a sense of pride and satisfaction as we probably thought that we were slowly but surely winning the case.
But now look at the way information is passed on to the pensioners.While we are being told that the cases pending in various courts would be taken up for consideration on various dates, there is probably an attempt on the part of those conducting the case to withhold vital information from the pensioners. Nobody has so far come out with the information as to the exact quantum of amount deposited in the Court.
The apprehension of an average pensioner is that the Life Insurance Corporation has deposited with the Court only the amount due to the petitioners.If that is the truth, why we are not being told the TRUTH?It appears rather strange.
This note is being placed here only to magnify a particular aspect of the court case!