Arising out of the categorical order of SC of 7/9/2015, the question that now arises is what will the various sets of Respondents and the AIRIEF do.
As far as the Chandigarh petitioners are concerned, their stand is very clear.The impugned judgment requires 20% of arrears of upgraded pension is required to be paid within 2 weeks.
As far as the Jaipur case is concerned,as the IR (whatever the amount) has been paid to only 22 original petitioners.As per the impugned Jaipur SJB Order,not only these 22 petitioners were required to be paid IR based on a much higher amount on account of upgradation with weightage in chain,but also on the same basis ,the remaining 5 post-July 1997 retirees are also required to be paid IR based on the Jaipur judgment.Will Mr K ML Asthana and AIRIEF press for payment of the right amount to all eligible petitioners?If that does not happen,the post-July 1997 petitioners will get orphaned besides the pre-August 1997 petitioners having to be content with a paltry amount of relief.In the absence of impleadment of the AIRIEF in the CAs in Supreme Court,the Federation has to recognise that in the present schemes of things,the fortune of the its large number of members is closely linked to and dependent on the fortunes of Mr Asthana and 26 others through the case outcome.
As far as the Federation of Retired Class I Officers' Associations is concerned, are they now going to pursue with LIC to pay 20% of the due amount as ordered by the SC to all eligible pensioners keeping scrupulously in view the Delhi High Court order directing that the amounts due should be paid in rem?
While the list submitted to LIC may contain 1266 names of members belonging to the pre-August 1997 category,once LIC decides to pay to these 1266 retiree members of the Federation,the question also arises as to what will happen to retired Class I Officers who are not members of the Federation.
Once LIC decides to waive their self-prescibed criteria,they are logically obliged to pay IR to eligible retirees of Class II,Class Iii & Class IV cadres also.There may be close to 15000 pre August 1997 retirees in all the cadres put together.
Here all the Associations/Pensioners' bodies/Federations -whether they are involved in the ongoing litigation or not-have a compelling moral responsibility to ensure that all the 42000+ eligible pensioners obtain justice,especially when the OROP issue has been successfully resolved by the Government to benefit more than 25 lks ex-military personnel..
Let us see what the waiting pensioners have in store for them in the two weeks ahead.
Greetings.
C H Mahadevan