AFTERMATH OF JAIPUR HON. JUDGE RATHORE'S VERDICT AND OUR OBSERVATIONS.

____________RB KISHORE, VP, AIRIEF____________

1) YES, IT LOOKS TO BE "WILFUL BLINDNESS" ON THE PART OF HON JAIPUR HC, NOT TO HAVE GIVEN & PRONOUNCED VERDICT & ORDERS TO LIC TO HONOUR HON SJ BHANDARIS JUDGEMENT ON PENSION UPGRADATION WITH FULL DR, SAME AS THAT FOR EMPLOYEES, DEALING WITH SRI ASTHANAS APPLICATION WHICH HAS SET FORTH CLEARLY WHAT FOR THIS APPLICATION IS MADE WITH COGENT REASONS & LOGIC.

2) BUT WHAT TO DO, JUST AS - THE KING CAN DO RIGHT & NO WRONG, WE CAN DAMN THE GOVT BUT CHEER THE KING  -  HERE TOO, THE HON JUDGES CAN DO RIGHT & NO WRONG, WE CAN DAMN THE PETITIONERS BUT CHEER THE JUDGES !!

WE KNOW THE COURSE OF JUSTICE NEVER RUNS SMOOTH BUT THIS IS NOT THE WAY TO KEEP ON LINGERING, EVEN AFTER SUCH A LONG & MEANDERING COURSE BUT WITHOUT ADDRESSING TO THE KERNEL OF ISSUE OF PENSION REVISION WITH SUCCESSIVE WAGE REVISION, ---

• ALREADY DECIDED CLEARLY BY HON SJ BHANDARI &
• TESTED IN DB JUDGEMENT,
• WRIT REVIEW OF LIC DISMISSED,
• FOLLOWED BY A SPATE OF CHANDIGARH & HARYANA COURT,
• DELHI HC, & OTHER CONNECTED & RELATED
• DELHI HC VERDICT TO CG EMPLOYEES TO PAY ARREARS TO EARLIER GROUP OF PENSIONERS TOO WEF 1/1/2006 NOT 1/1/2012 AS WRONGLY DECIDED BY CG/MOF, WITHIN 2 MONTHS FAILING WHICH WITH PENALTY OF 9% INTEREST.
• EVEN MADRAS HC JUDGEMENT THAT PENSIONERS DIVIDED INTO HETEROGENEOUS GROUPS IS OUTRIGHT DISCRIMINATION,VIOLATIVE OF ARTICLES 14 & 16 OF CONSTITUTION.

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3) BRAVO, THAT SHOULD BE THE SPIRIT OF JUDGEMENT MORE SO,

•  WHEN NATIONAL LITIGATION POLICY ENTERING 4TH YEAR OF IN FORCE, FORBIDS GOVT & INSTITUTIONS TO BE COMPULSIVE LITIGANTS AGAIN & AGAIN THWARTING THE REAL ISSUE & NEED OF BODY OF PENSIONERS,

  PLUS SPATE OF CLEAR CUT VERDICTS IN OROP FOR ARMY TOO,---
    PLUS SR CITIZENS CASES TO BE REDRESSED ON PRIORITY BASIS
       SC NOT WANTING TO INTERVENE IN LOWER HC JURISDICTION,
           12272 PENSIONERS HAVING DIED TILL 31/7/2007, YET MAKING PETITIONERS            
               WAIT AND WAIT, APPLY AND APPLY, BUT BIZARRE VERDICT DELIVERED,
                    WHEN THE ONLY SAVIOUR CAN BE COURTS AND COURTS ALONE, AS -  

• EXPERIENCE IS THE WORST WITH POLITICAL LEADERS & BUREAUCRATS ,
• HAVING APPROACHED & WAITED UMPTEEN TIMES ,
• AFTER DECADES OF PURSUIT WITH MULTI-LEVEL APPROACH ON ALL SIDES OF POLITICAL SPECTRUM INCLUDING
• PETITIONS & MEMORANDUMS, FACE TO FACE MEETS,
• QUESTION HOUR IN PARLIAMENT,
• KAMARAJ "PARKALAM"--WE WILL SEE- STABLE,STAPLE ANSWER--.
• DRIVEN TO COURTS OUT OF SHEER COMPULSION, NOT CHOICE,

* BUT WITH TREMENDOUS SUCCESS & SERIES OF POSITIVE VICTORY IN SPITE OF A DIVIDED PENSIONER FRATERNITY, AS INSURANCE IS THE ONLY INDUSTRY WHERE EMPLOYEES DO NOT JOIN PENSIONERS TO SUPPORT THEIR VALID & GENUINE CAUSE, WITH A COMPLETE & HOLISTIC SOLUTION,

* BUT ARROGATING TO THEMSELVES THE NON-UNION LIKE & PARTISAN LOW THEME MUSIC OF"PROSPECTIVE" PENSION UPGRADATION JOINING HANDS WITH MGT & MOF, STRANGE BEDFELLOWS WITH UNJUST REASONING , SO MELLOWED, & CLIMB DOWN IN FORESIGHT & MIGHT,

*  BUT RAISING THE BAR WHEN IT COMES TO ASTRONOMICAL DEMANDS IN CHARTER OF DEMANDS WITHOUT A SLICE OF A GOOD CAKE FOR PENSIONERS,
BANKERS ARE BEAUTIFUL WITH JOINT STRATEGY & NEGOTIATIONS WITH TELLING FORCE TOWARDS PENSIONERS TO GET WHAT PENSIONERS WANT, SUCH IS THE BINDING UNITY & SO THEY FIND SOLUTIONS TO PROBLEMS OF PENSIONERS TOO IN ONE STROKE. LOOK RS 4816 CR FOR SALARIES & RS 5000 CR FOR PENSIONERS IN LAST WAGE BIPARTITE SETTLEMENT FOR BANKMEN,

• SEEMINGLY JUST FROM THEIR VIEWPOINT BUT UTTERLY UNJUST & UNACCEPTABLE FROM MOF/UOI VIEWPOINT,YET ENDLESS HIGGLING & BARGAINING FOR 30 MONTHS,ULTIMATELY LEADING TO CELEBRATIONS OF HANDSOME RISE IN WAGES, PRETTY ALLOWANCES & PERKS,MEMORABLE ARREARS TO PLEASE THEIR FAMILIES,WHAT IS THERE FOR PENSIONERS & THEIR FAMILIES ,SWEET NOTHING,WE PENSIONERS ARE NOT ASKING FOR ALMS FOR BEGGARS, WE ARE NOT BEGGARS,U SEE,OUR DEMANDS ARE GENUINE, LEGITIMATE & MODEST, WE only DEMAND EQUITY & JUSTICE,PLEASE REALISE THIS.WHO WILL NOT KNOW WHAT IS HAPPENING.WE DONT ENVY THEM, THEY MUST GET WHAT THEY DESERVE

• BUT WE HAVE SIGHT, FORESIGHT & HINDSIGHT,AS WE DEVOTE 100% & NOT PARTIAL ATTENTION TO RESOLVE PENSIONERS MYRIAD PROBLEMS & ISSUES AS ONLOOKERS WOULD HAVE OBSERVED IN THE LAST MANY YEARS OF HARDWORK, PLANNING & STRATEGY, MEETING TOP MANAGEMENT, MOF OFFICIALS & MINISTERS ETC,

• TORTUOUS JOURNEY PLAGUED WITH COURT INDIFFERENCE IN SPITE OF SJ JAIPUR HC POSITIVE ORDER ON THE TWIN ISSUES,ADMITTING & ALLOWING BOTH THE WRITS,

• WHEREAS WE NOTICE SC BENCH FANTASTIC & UNASSAILABLE STRONG OBSERVATIONS & QUESTIONING UOI & POWERS THAT BE,IN ALL SCAMS & OTHER CHRONIC ISSUES. SOMEHOW NOT VISIBLE IN OUR CASE, TO PULL UP LOWER COURT JUDGES DEVIATING FROM THE MAIN STRONG REQUEST & APPEAL TO GOOD SENSE BY THE APPLICANT AT THE RECEIVING END PLEADING FOR ONLY JUST CAUSE ,JUSTIFIABLE & JUSTICIABLE.

4) SETBACK IS NOT DEFEAT, TEMPORARY DOWNS WILL BE CONVERTED TO UPS WITH BRILLIANT STRATEGY BEING PLANNED BY SRI ASTHANA IN VIGOROUS & HECTIC CONSULTATION WITH ADVOCATES JAIPUR & SC& SR COUNSELS TOO.
IF IT IS MISFORTUNE, IT IS NOT A CALAMITY. COURAGE & CONFIDENCE & STRONG, CORE FAVOURABLE POINTS OF CONSTITUTIONAL LAW BACKED UP BE EVER SO MANY JUDGEMENTS & UTTERANCES OF LEGAL LUMINARIES, IN FAVOUR OF PENSIONERS CAN ONLY MAKE US MOVE FORWARD TO REACH OUR FINAL DESTINATION.

PENSIONERS UNITY ZINDABAD

LET US HELP THE JUST CAUSE

LEND YOUR EARS TO THE VOICE OF REASON

SAY NOT THE STRUGGLE NOT AVAILETH

GREETINGS

RB KISHORE,

VP, AIRIEF