NO NEED WORRY ABOUT PROPHETS OF DOOM !

                N.KASILINGAM                

nkasilingamlic@gmail.com

“Deliver justice tempered with sensitivity and social cause.  By disposing of matters without hearing people, without hearing counsels, you are doing more injustice than justice.” This is the advice rendered by the Chief Justice of India Altamas Kabir to his fellow judges while addressing the Calcutta High Court’s sesquicentennial celebrations on 05.05.2013. 

( LIC may raise the point that SC has already considered the
 issue and passed the above orders. So we have to be careful.- Editor.)

This advice is equally applicable to Hon’ble Judge Sarma of  Jaipur High Court, who, as you said in your IA 7-8/2013 in the supreme court, in a hurry passed his impugned order dated 15.01.2013 even though no reply was filed by LIC of India nor the counsel for them appeared before the court on 15.01.2013.  Inspired by the provisions of Board Resolution dated 24.11.2001 after in-depth study of the same, Hon’ble Justice Mr.M.N.Bhandari passes his verdict and insists on the periodical revision of pension on 12.01.2010 as and when the pay scales of in service employees are revised. This is a time- tested and unassailable judgment. 

The judgment came unscathed in the hands of Hon’ble judges Mr. Justice Dalip Singh and Mr. Justice Mahesh Bhagwati on 21.01.2011 while dismissing the appeal by LIC of India against the verdict of Justice Mr.M.N Bhandari on 12.01.2010. The same fate was meted out to the review petition filed by LIC of India. The review petition was dismissed on 19.08.2011. 
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When the pay scales of the existing employees were revised with effect from 01.08.2002  and the same was not given effect to the pensioners as per the direction of Rajasthan High Court in WP No.654 of 2007 on 12.01.2010, the contempt petition 760/2010 was filed.  So the contempt petition must be decided with a happy note in the Rajasthan High Court itself and brought to a logical conclusion.

The Hon’ble Judges Mr. Justice A.K Sikri Chief Justice and Mr. Justice Rakesh Kumar Jain in the High Court of Punjab and Haryana draw comfort and strength from Justice Mr.M.N Bhandari of Jaipur High Court, who gets inspiration from the Board resolution dated 24.11.2011 and decide for up gradation of pension in favour of pensioners. Similarly the judges of Delhi High Court Hon’ble Mr.Justice Pradeep Nandrajog and Hon’ble Ms.Justice Veena Birbal declare that the pensioners would be entitled to pensionary benefits as per the decision of the learned single Judge of Jaipur Bench subject to the decision of Supreme Court under SLP filed by LIC of India. 

We know that according to Hon’ble Mr. Justice Kurian Joseph and Hon’ble Mr. Justice Sharad Aravind Bobde  who were in the Bench of Supreme Court on 15.04.2013, there is nothing more to be decided in the SLP when the review petition has been dismissed by Jaipur Bench and the SLP is not tenable.

Even if the dismissal of SLP is a fait accompli, there is a possibility that LIC may maintain as if they have revised the pension and deposited in Jaipur Registry as claimed in the Supreme Court. So the contempt petition must be effectively fought in the ensuring hearing in Jaipur High Court.  Who ever may be the judge in the hearing, he may not be inclined to invite the wrath of Supreme Court.  Moreover at this stage there is no meaning at all to discuss about the Board Resolution!  We must recollect from the above how many Judges are behind Justice Mr.M.N Bhandari who has thrashed out completely the Board Resolution and decided in our favour for updation of pension. 

There is no need to worry about the prophets of doom like Shri G.N SRIDHARAN we must strengthen the hands of Dr.Abhinav Sharma who has all along been our counsel during the success stories in the Jaipur High Court and ensure our success which is now a necessity. 

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(This is a letter addressed to Shri KML Asthana)