Shri MSM has revealed some startling
untruth he found in the
latest SLP filed
cleverly by GOI. When a person is not sure
of winning he
becomes desperate and would
adopt any unethical means to save his skin.
I am
reminded of the Heavy weight boxing bout fought by Mike Tyson and Holyfield
when Tyson could not withstand the lightning punches from his opponent all that
what he did was he bite the ear of his opponent and chewed it. Well that
happened in boxing and when it comes to a sober contest in a litigation the
loser would find it convenient to unleash all falsehood to keep the contest going
for some more time. Let us see what is the untruth averment in the affidavit
filed by GOI in their latest SLP AND ALL THESE YEARS THEY REMAINED UNDER THE
CARPET.
1. That the existing pension structure with Dearness relief
component was the outcome of sustained negotiation with employees organizations
which ought not to have been reopened. The truth is LIC had held talks with
various employees/Officers Associations and had circulated agreed conclusions vide their letter dated
14-01-1994 that the DA will be paid at the same formula as is applicable to
employees but while notifying the pension regulations the rates were mischievously
slashed to half without authority and arbitrarily.( Refer to Annexure 28 filed
by Shri Asthana in the CWP NO 6676/1998) What is arbitrary is unconstitutional
as held in SC
2.GOI has stated that the existing classification between
two classes of pensioners ( Pre- 1997 and Post-1997 retirees) is entirely
reasonable in the circumstances ! How it is entirely reasonable when it
violates Article 14 and 16 of the Constitution as voiced in several courts and
in a host of judgment pronounced earlier. When such a violation comes to light
all remedial steps ought to have been taken by the GOI magnanimously and should
have honored the Board resolution which has pointed out.
3. GOI claims to have rejected the Board resolution and only
heaven knows when it was rejected ! If
that were to be so why should a letter dated 31-12-2001 from ED (PER/HRD) to GOI
was sent to Ajit M Sharan JT Secretary (Insurance and Banking) recommending
rationalization of Dearness relief and upgradation of pension in accordance
with LIC Board resolution and for AMENDMENT OF PENSION RULES AND ALSO SAYING
THAT THE NEED FOR IT AROSE IN RESPECT OF THE CASE OF K.C.MITTAL OF CALCUTTA HC. GOI
DID NOT ACT ON THEIR OWN NOTE AND RECOMMENDATIONS which reveals their malafide
intentions
.
Let me reiterate that as said by many we should fight the
case with all our wisdom which is not scarce as revealed in several inputs received and thanks to the Editor of Chronicle for publishing them.