* CHRONICLE - PENSIONERS CONVERGE HERE, DISCUSS ISSUES OF THEIR CHOICE * CHRONICLE - WHERE EVEN THE CHAT COLUMN PRODUCES GREAT DISCUSSIONS * CHRONICLE - WHERE THE MUSIC IS RISING IN CRESCENDO !

               
                                   

Tuesday, August 13, 2013

THOUGHTS - SC ORDERS OF 8TH AUGUST 2013

 

                  RB KISHORE, VP, AIRIEF                  

Dear Friends,

Today’s SC Bench orders marks in a way, a singular achievement for all pensioners and entire pensioners fraternity. It might not have come in the way we wanted it. That rarely happens in Court proceedings.
The very fact that IAs No 12 & 13 of Sri Asthana are allowed indicates the mind of SC Bench. The very fact that IAs 12 & 13 contain prayers for costs and relief & by allowing IAs 12 & 13,  SC Bench shows positive inclination for the same.
It is also to be noted that at relevant paras in IA 12& 13, a clear mention about the judgments dated 12.01.2010 of the Single Judge and 21.01.2011 of the Division Bench of the High Court are referred to & a categorical assertion made that these 2 judgments have attained irrevocable finality and the same cannot be shattered by filing S.L.P. against judgments .
It is heartening, therefore, therefore, that both SLPs 29956& 29957 have been dismissed by Hon SC Bench. Yet another good reason for rejoicing is the clearcut hint & authority shown by Hon SC Bench to LIC Sr Counsel that delay shall never be condoned.
It is just providence for LIC that such a gesture is shown, that though they reserve the right to deal with SLP against DB judgement of Jaipur HC, if & when filed, they have warned that condonation of delay cannot be taken as a right & granted as a matter of course.

2)  Unfortunately, we do not see things as they are, we see them as we are. More so, when so many series of victories have come to our fold, such a long, painful & arduous journey has yielded these salutary results is an ample proof & testimony to our valiant & courageous efforts & all the verdicts at different Courts cannot be whittled down by a mere stroke of the pen.

3)  LIC will take advantage of it and delay the dispensation of justice by filing SLP against DB judgement. As all along like a true savant, Sri Asthana & AIRIEF shall ensure a sterling counter, which we are accustomed to, & more such cannot be there in future hereafter, preparing to oppose the SLP if & when filed to ensure that SC does not see merit allowing such SLP and treat it as time barred. We can plead before the Apex Court our position as a consequence of such unwanted prolonged delay due to frivolous litigations & of thousands of pensioners have died & are dying. We are now in a position of strength with dismissal of these SLPs and Sri Asthana will be able to cross any stumbling blocks created by LIC/UOI successfully.
PLEASE CLICK BELOW TO READ MORE.
4)  Say not the Struggle not availeth, Asthana, personification of patience, batting & battling for Pensioners,  It is Tryst with Destiny for Pensioners Fraternity, indeed freedom by 8th August2013, SC Bench Order released today. 
Sri R.K.Singh, our Advocate for SC, mentioned at 4 pm today to Sri Asthana, there is nothing to worry & that pensioners interests are safe & protected.  He is a blotting pad of our case.I had occasion to talk to him in the last 2 years a few times. Indeed these Years & Decades have been the greatest Event & Experience, We all earned the Blessings of the Almighty, prayers aplenty, Our Thanx & Gratitude to the Almighty for opening atleast the Eyes & Ears of Justice -

5) Everything would have been over & coconuts broken before the mighty Lord Ganesha or Ganapathy, Lord of the Ganas or Conqueror of obstacles. Many are aware right from 2nd August & again on 8th August, hundreds of phone calls, spate of emails, activists are tied down as disciplined soldiers, giving the gist, ramifications & clarifications. No problem. There is again great relief, joy & jubilation, But, if that qualifying proviso would not have been there, we all would have reached the Summit.

6) When Sri VC.Jain, our GS, AIRIEF spoke to me this morning giving more details of happenings in SC on 8th, when Sri Abhishek Singhvi, Sr Counsel, LIC spoke about technical mistake or defect only, they should have filed SLP against DB verdict of Jaipur HC, Hon Mukhopadhaya questioned him how such principles could be forgotten .When Hon G.S.Singhvi questioned Sri Abhishek Singhvi, -- tell us 2 or 3 important facts of law or any apparent error, Sri Singhvi was bowled, Hon Judge continued, it seems, referred to as many as 6 or 7 paras of LIC SLP & pointed out sharply that none has anything to do with apparent errors of facts of law.
We know Hon Judge Singhvi was earlier disposed, when  Sri PS Narsimha insisted on costs & relief, Judge responded in affirmative  — Yes, we are keeping it in mind & at appropriate time we make a mention. These are all very favourable pointers for today & tomorrow. God bless us.

7) It is gratifying that pensioners Federations are moving towards a constructive goal & objective. It is all gladness to see that they have quoted Central Govt principles & procedures & that LIC pensioners also should be beneficiaries of such provisions & secure much-deserved pension upgradation, with many reasons in support now.

8) Waiting to win is common to all. Working to win is the style of champion.. & All along, with grit & determination, Sri Asthana has been navigating the ship of pensioners fraternity to a safe harbour.
We say with -- ONE VOICE — We think we can & we will.
A QUITTER NEVER WINS & A WINNER NEVER QUITS.

Greetings,

R.B.KISHORE
VP, AIRIEF