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Saturday, April 30, 2016

MV VENUGOPALAN




Dear Editor,

Three weeks have elapsed after the 31st March SC Order was uploaded. Various shades of opinions and interpretations of the Order have appeared in the Blog. Quite a few of them, well versed in matters of law, have dug deep and come out with suggestions as to how to overcome or tackle certain intimidating provisions appearing in our Pension Rules, LIC Act 1956 and provisions closely inter-related to them. All of them need to be congratulated, as it is a proof of the abiding interest they are taking in our legal battle with LIC/GOI. No doubt, the Order has quite a number of grey areas and it gives ample scope for the legal pundits to pick holes and view it from the angle in which they are adepts at. It reminds me of Bernad Shaws “The Doctors Dilemma”, in which doctors belonging to different specialities, try to trace the origin of the patients complaint to each ones area of specialisation. Having said that, we are lead to think that it is time to say, enough is enough, and get on with the show; the scene of action having been shifted from the Apex Court to HC,Delhi.

Among the analysts, Shri.S.N seemed to have hit the nail on the head. In his write-up, he has brought out very clearly that our friends, both the Banks and the RBI are also sailing in the same boat. You will find a common thread running through the pensionary problems confronting the three of them. If it is Sec.48 for us, it is Sec 58 for the RBI pensioners, and Sec 19 for the Banks. The Govt. wants to hold the reins tightly and never let go off the ultimate authority to have a final say in the matter. I heard, in regard to State Bank of India pensioners too, there was a case pending in SC which was later transferred to Delhi High Court a couple of years ago. The case is facing adjournment after adjournment and was not decided within the date stipulated by the SC. As I mentioned in my previous post, it is possible that there are more things than what meets the eyes and we need to be aware of it. Otherwise, despite a slew of past judgments, constitutional provisions and three favourable judgments from Jaipur High Court, one does’nt see any reason to postpone the decision by referring it to the Delhi HC. Though not on any other ground, purely on humanitarian grounds, the case could have been decided in our favour. There is no benchmark to determine whether certain “pleading” is adequate or not . It is like asking somebody a question like “how much is too much?” Under the circumstances, apart from pursuing the legal battle in the Delhi HC , our leaders should also keep track of the aftermath of the recent meeting between the IBA representatives and the bankers Forum and how their follow-up progresses with the GOI.

I must congratulate Mr.Rajamani for the beautiful blue-print prepared by him with flow charts and the process by which it can be implemented. Any right-thinking person would hundred percent agree with him. But the ground reality is what Mr.Ganga Raju has narrated. Everyone knows, that many of us tried to bring all the three of them on a single platform but failed miserably. This is a great opportunity given by Justice Misra for the three of them to see reason and put their heads together and carry on the legal struggle. It is a tragedy that it is not going to happen Hence, let us accept things as they are and explore as to how we can make the three of them carry on without inflicting positive harm on each others effort and consequently jeopardise the interests of the pensioners. Let us now examine how to get on and get ahead.

We have three leaders eager and wanting to help us. There is no doubting the fact that we may be on a long haul in the Delhi H.C. We cant also rule out the possibility of the case coming back to the Supreme Court. Therefore, we need to choose one of the three right now and lend them all necessary help, chiefly financial. My choice naturally falls on Mr.M.S.Moorthy and Mr.Mahadevan. From our experience so far, we cant doubt their sincerity, honesty, single-minded devotion to the cause, knowledge base, transparency of operations, and overall handling of the case. I am extremely happy to learn that he is already in Delhi with his team to finalise matters with regard to filing of the petition. I wish him all success. As a token contribution , today, I have transferred a sum of Rs.1000 to their Account being the first instalment. Being a relatively small Association, Hyderabad Association may not be able to meet the huge expenditure required as legal fee and other related expenses. Therefore, on their behalf, I appeal to all those who are visitors to this Blog and those who have known me, especially my friends in Kerala to contribute any amount you think, you can comfortably afford. Let us remember that their fight is not confined to the DR issue alone or to any particular Class of pensioners, but for all of them.

There is not much time left for us to act; it should be NOW. Let us get going under the leadership of Mr.M.Sreenivasamoorthy and Mr.Mahadevan.Let us have full confidence in them. A piece of advise to Mr.Murthy, as a well meaning friend. Please avoid getting into the habit of reacting overly to unfounded accusations from the opposite camps. It will not only sap ones energy but pull down ones level of performance. Let us just remember what the divine Gita has to say in this regard and leave everything to Him. Wishing the team All the Best!


‘KARMANYEVAADHIKAARASTHE
MA BHALESHU KATHACHANA
Greetings,

M.V.VENUGOPALAN