________________R.K. VISWANATHAN________________

NOT A REJOINDER TO SHRI NITHIN'S ARTICLE....

This is not a rejoinder to what Nithin wrote which appeared under the caption ‘National policy to powers of undertaking - an answer to ripple effect’. In the article certain basic facts have gone into the back burner. The legal battle going on in several courts relating to LIC pensioners requiring judicial scrutiny boils down to this -

1. There are certain sections of pension rules framed haphazardly are deemed to be ultra vires, Article 14, 16 and 21 of the constitution. They have treated equals unequally, arbitrarily and willfully created a class within the same class. The learned counsel arguing in a court to strengthen his argument will in judicial practice bring to the judge’s attention the case laws. Justice Rangarajan’s and Justice Krishna iyer’s legal opinion off the cuff does not deserve to be brushed aside as irrelevant knowing their reputation in the Bar. The analogy that a C.O Secretary may not be interested in quoting a Z.O. Secretary does not fit in well in the judicial practice.
2. The Supreme court shall order UOI to frame guidelines to the Government undertaking so that their Boards could undertake decisions without GOVT interference was a de facto power given to LIC when the statutory corporation was born and the Boards were meeting from time to time to take decisions but that power was usurped by an Ordinance passed in January 1981 whereby the powers to prescribe service conditions of employees were taken away and rested with the Government (The food security bill ordinance passed without a debate in the Parliament comes to my mind).

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Let me give in a nut shell what the National litigation policy says :

• To transform the govt into an efficient and responsible litigant !
• Recognize the responsibility of the Govt to protect the rights of the citizens, to respect fundamental rights! and those in charge of the conduct of the Govt litigation should never forget this principle!
• Govt is not an ordinary litigant and that a litigation does not have to be won at any cost! 
• (LIC/GOI lost their case in Jaipur HC up to Review petition but yet have gone to the Supreme court). 
• That litigation will not be resorted to for the sake of litigating!
• The philosophy that matters should be left to the courts for ultimate decision has to be discarded ! The easy approach 'Let the court decide’ must be eschewed and condemned !!

This is a big hog wash and the suggested National policy to empower statutory corporations will be another hocus-pocus.  When there is policy paralyses with the government there is no other go for the aggrieved pensioners to get their justice through the courts only.