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Sunday, September 27, 2015

PART 2


I think LIC Pensioners (including your members and the poor non-member-donors) should know what happened in the Court seconds before the Bench was to rise for the day on the 23 Sept. As to the credibility of this story, it’s my word against the word if any, of those who may not own it. Here it is:

Mr Jay Savla, his Associate and I, were standing in row four, while Mr GNS and his Counsel were standing in row two. RKS was somewhere in the small crowd in between. Mr Krishna Murari Lal Asthana standing a couple of feet behind me (just outside the Visitors enclosure) approached me and asked me a serious and what sounded to me then like a sincere question. ‘Mr Murty, are you making any mention?’ I said, ‘we are trying to, if we get a chance, I have asked Mr Savla to request the Bench to direct LIC to file an Affidavit on its compliance of the 7 Sept Order’. Mr Asthana reacted very coolly and said ‘why any mention, if nothing is mentioned also, the matter gets posted automatically to next Wednesday?’ I told him, ‘yes, you are right. My request, if accepted, would serve a larger and different purpose, and will not certainly come in the way of posting the matter to next Wednesday’.  I added it is necessary also because GNS as I gathered is likely to make some mention, to pray for payment to all pre-Aug 97 retirees. We then parted, Mr Savla got a valuable chance to tell the Bench that LIC has still not complied with the 7 Sept Order, LIC Counsel responded in a spirited fashion that ‘they tried to pay but they were blocked before the HC etc., 

When Mr Savla was explaining to the luckily receptive Judge, that LIC was not honouring the HC Judgement on Pension enhancement etc., and before he could complete his sentence and request what I wanted him to do, RKS physically butted in, virtually outshouting Mr Savla’s submissions and it was time for the Judge to leave things there, as it was just a mention exercise and not regular hearing. If my request for a direction to LIC to file an Affidavit on how the 7 Sept Order was complied with, trust me, friends, LIC would have been in major trouble much more serious than what they faced on 7 Sept. Because, they have to admit on oath that they meddled with the 7 May Order and paid to a select few in a whimsical fashion. Mr Savla and I could not wrest yet another Order. Our failure was Mr RKSingh’s gift to the Jaipur Grand Master.   

I later recalled what all happened in the Court and told myself that possibly I made a mistake in confiding the truth with Mr Asthana in reply to his enquiry if I was planning to make any mention. That he didn’t want me wrest any direction to my advantage, is crystal clear. Otherwise, under whose instructions and for what purpose, RKS acted as he did, throwing even normal court manners to winds? Later while in the Corridor outside the Court Hall, Mr. Savla expressed his anguish to me and Mr SN Chhabra & Mr Chopra. He questioned me ‘you said Jaipur would support us on up-gradation aspect and only Delhi may not – why does Mr RK Singh prevent me from making my submissions?’ I had no answer to give him, though I know the truth.   

Now, on my perseverance not to let go any chance to expose LIC’s mischievous non-implementation and incorrect interpretation of the 7 May & 7 Sept Orders, I notice that there are conflicting opinions on this from the pensioner- community. I wish to explain my stand.

As I said in the beginning itself, the 7 May Order was God-sent. LIC was never interested in paying anything let alone pay correctly. It took undue and unfair advantage of the Court Order to withdraw 20% from the deposits and pay. It is simple logic that IF LIC had already deposited the full money payable as per the Judgements, it can withdraw 20% and pay. When what was deposited was only 7.2% in Chandigarh (and in Jaipur), why should it be allowed to withdraw 20% of that from the Court and pay 1.44% in the place of 20% ordered by the SC? If we do not intervene effectively, LIC is legitimising its wrong act. LIC would attempt similar mischief even after a favourable final Order is secured by us. The minimum we should do now is to take it to the notice of the Court and try to secure proper directions, if possible (to Pay ALL including Enhancement/up-gradation benefit) and keep it on record. 

This will not be done by GNS. For him 7.20% is 100%. He is happy to get 20% of it now and the balance after the final Judgement. After all, he doesn’t have to even ask for it, let alone fight, because LIC was always ready to pay some DR difference to the pre-Aug 97’ retirees. For him getting it now or wait still more is the only concern. 7 Sept Order in which he had no role, came handy and he and his now cash-rich Federation are having a joy ride ever since. He is also not bothered that LIC is cheating even his pre-Aug ’97 retiree members by not calculating the DR payable correctly. Two-thirds of his other members (Post Aug ’97 Retirees) have been dumped unceremoniously. They have all become philosophical. They deserve the pain of waiting, till my efforts with the invaluable support of Sri C H Mahadevan bear fruit. .   

Coming back to Jaipur Petitioners, their so called strategy to focus on 100% instead of 20% is a joke. I have something important here to share with everybody, though I have said it before several times. 
(contd.)