Sunday, April 17, 2016

M.Sreenivasa Murty

Dear Editor,

I composed part of this Post for the PC (with a different ‘heading’) on my way back from Delhi on 31st March. But withheld the same and waited for the Judgement to be uploaded. After it was uploaded, I got too busy due to changed priorities in our Mission proper. Hyderabad Association and I, blissfully steered by Shri C H Mahadevan, went in to an overdrive as there were too many things to do immediately not to miss the Bus for the final destination.

I would have come out with this Post after 24 Hours from now. But MV Venugopalan convened a Trophy distribution ceremony even while the match is still on. In fact the series has just commenced. So for now, in my view the Champion is Mr MVV. The Trophy giver is the receiver, in a lighter vein.

I just retrieved my draft and shooting it now, to pre-empt any (unintended) damage by MVV’s Post this morning to my MISSION – complete justice to all LIC Pensioners.

When I unveil my (Hyderabad Association’s) total strategy and action plan, in the next Post, MVV and ALL OTHERS will have answers to all their questions. I am sure MVV will not hesitate to post in the PC a comprehensive ‘ERRATA of views expressed on fresh facts coming to light and to his notice.


LIC's Civil Appeals against the three High Court Judgements were pending before the Supreme Court since 2013. Although its prayer for stay of the judgements has been rejected by the Apex Court in all the three cases, no action was taken by a recalcitrant LIC to comply with the Judgement & Order. The contempt petitions filed by the Jaipur Petitioner first in Supreme Court and later in Jaipur, ended with no favourable outcome for the hapless Pensioners across the country.

The contempt Petition filed by the Chandigarh Petitioners however, kept the pot boiling despite all the (dirty) tricks played by LIC. It approached the Apex Court twice to get the CP stayed. Failed squarely. While the pressure was mounting in Chandigarh, LIC took an un-calculated risk of repeating the mischief it played in Jaipur in Chandigarh also, by depositing an absurdly wrong amount in Chandigarh HC registry and sought dismissal of the Contempt Petition there. Where it succeeded in Jaipur, it failed in Chandigarh. If anybody is willing to concede, my Panchkula friends and I had a role with the unassailable calculations-base so kindly provided by Sri C H Mahadevan, in making LIC run for cover.

Whether one agrees or not, from August 2014 till 23 March 2016, we have been building pressure on LIC for facilitating early final hearing of our matters. Chandigarh HC case, as the platform helped us to do so.

We filed several IAs for early hearing. Then there was the (suo motu) Order of 7 May 2015 to pay 20% of the amount 'as per the judgement', in six weeks. LIC played havoc with the Order. Jaipur succumbed to the whims of LIC while Delhi allowed itself to be hoodwinked by the 6 July 2015 letter of LIC.

It was again the turn of Chandigarh to question the non-compliance of the 7 May Order to pay 20% correctly. It was Chandigarh who secured 7 Sept Order to pay 20% as per judgement or face contempt, It was that Order that shook LIC and make it rush to pay 'some money to some people' who were before Delhi HC.

GNS lost no time to take credit for the 'windfall' in which he had no role whatsoever and lost no time in imposing the '10% cess' on the recipients of the so called 20% doled out by LIC which is actually 1.4% of the amount as per the judgement. And added a few lakhs to his Federation's coffers.

We made big noise through special mentions on behalf of Chandigarh and Hyderabad. There was the 4 Dec Order. We secured a stiff direction from Chandigarh to LIC on...............to file an Affidavit ' explaining how the money deposited constitutes the total payable'. LIC was forced to admit an error in calculation and offered to deposit the balance payable. 1.4% went up to 2% at least in Chandigarh.

After LIC realized it cannot secure the adjournments as it used to, it engaged Solicitor General of India as sheer strategy to silence the Petitioners' Counsel. The expensive gamble helped it up to some point of time. Last two hearings where we raised the non-payment of 20% correctly to all, made the judge announce that the matter has been pending for too long and needs to be disposed off finally.

SGI was unavailable, on 30th and 31st March. But the final hearing could not be resisted any longer. LIC struggled since yesterday till this morning and brought Neeraj Kishen Kaul, the Additional Solicitor General of India..

Providentially, before LIC team and their Sr Counsel could enter the Court today, SLPs of UOI were raised by Ms.........it was more like a gap-filling exercise and not a serious attempt by any Senior Counsel. When a seven year delay condoning was sought, a furious Justice Misra took 30 Seconds to reject the SLPs. It needed no opposition by Petitioners' Counsel. The Bench itself buried it deep.

What all happened after the ASG appeared on the scene, was reported by me most truthfully then and there.