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Friday, March 28, 2014

DEBATE CONTINUES...





ARE LIC PENSIONERS CONFUSED? NO, THEY ARE NOT. THEY ARE (BEING) LET DOWN.

I want to respond to the on-going debate on whether or not the LIC Pensioners are confused, lost, unsure, unclear, perplexed, disoriented or bewildered?

In my view they are NOT – just NONE of that

The truth is: Many of them are resigned to their fate, turned philosophical being wiser and older and became practical because if there is nothing they could do to see things as they want to, why resist and invite tensions – mental and physical? Let’s take what comes – when it comes – if ever.

The truth is: Most of them are certainly concerned about the issues at stake, concerned about what is happening/not happening. Certainly not ready to accept the unjust treatment meted out to them.

The other truth is: THEY ARE ALL LET DOWN. Firstly by an insensitive Government, secondly by an indifferent LIC top management and lastly and more importantly by the Associations which claim to represent them and claim to be fighting to protect their interests.

NOW, in this scenario, is the cause of LIC pensioners in grave danger? 
NO, NOT AT ALL. If only we join together and raise our voice. I will talk more on that in my proposed action plan.

Everyone should realize that the emphatic and unequivocal judgements in support of the Pensioners’ cause, (thanks to all those who toiled for the same) delivered by three different High Courts of Judicature and the subsequent refusal to stay the judgements by the Apex Court, is an extraordinary situation. It is ADVANTAGE pensioners all through. It would be most unfortunate if our leaders do not skilfully convert the situation to clinch the nagging problems to the benefit of the pensioner community.

In the above background I have some thoughts (nothing new of course) to share and also an action plan to suggest. I am encouraged by the availability of this wonderful platform – this objective, unbiased Chronicle which we know is being visited by thousands of LIC Pensioners. Most of them read the postings - agree or disagree but don’t speak out. I request all such LIC pensioners to go through the following simple statements/views and all those who agree with them to consider joining the action plan suggested later.

  • 1) LIC Board Resolution dated 24/11/2001 categorically concedes that there should be certain pension reforms. (I am purposely not going in to any interpretation of the Resolution at this stage because it is the major irritant and the bone of contention between the Petitioners before the Delhi & Rajasthan High Courts).
  • 2) LIC did not or perhaps could not implement its Resolution because the Government
  • approval sought by it has not come. However the requirement of Government approval, as is known too well by now, has been rejected by the Rajasthan High Court.
  • 3) LIC also cites the on-going litigation in various higher courts as coming in the way of doing what it perhaps decided to do in the year 2001 itself, even as per its own interpretation of the Resolution.
  • 4) Then the court cases are naturally caught in the system malaise of our countrywhere delayed justice is the rule rather than an exception.
  • 5) Open bickering and ego problems among the leadership of different Associations pursuing their separate agenda in isolation and in the process working at cross purposes.
  • 6) It is pretty clear that LIC does not want to honour the identical judgements of the three High Courts and plays every trick to delay and protract the litigation and hopes to keep it going till all the three Civil Appeals tagged together by the Supreme Court eventually come up for disposal.
  • 7) I am willing to concede that probably LIC is not guilty of intentionally playing this cruel game against its former officers and employees purely of its own volition but perhaps it is being pushed by the Government to do so. Hardly matters as far as thevictims are concerned.
  • 8) In conclusion we may expect that final justice and total relief can come to the LIC Pensioners only when Supreme Court dismisses the Civil Appeals. But several years later. In a simple sense, it only means much more delay and many more pensioners will leave this world by then. Pensioners don’t want to wait that long.
9) A quick review of the current status of the court cases - (to the extent information is made available by the petitioners). Jaipur: Contempt petition dismissed as withdrawn. Two new WPs filed seeking direction to LIC to implement the common Judgement dated 12.01.2010. Listed. Delhi: Interlocutory Application filed before Supreme Court seeking direction to LIC to pay/deposit money “as in the case of petitioners before Rajasthan HC”. If the copy of IA in circulation is to be taken as authentic, it attempts to vertically divide pre-1997 and post -1997 retirees. The prayer causes great injustice even for the pre-1997 retirees.It is listed for hearing on April 4, 2014 before the Supreme Court. One may expect some surprises but no miracles on that day. Chandigarh: LIC was shown the door by SC on its Application to stay the contempt proceedings. Matter posted to 26th. LIC may ask for and get adjournment.

Will share my proposed action plan in my next posting - in a day or two.

M.Sreenivasa Murty, Hyderabad