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Saturday, October 05, 2013

PEOPLE SICK WITH A NEGATIVE MIND

layman's view



This is the second time the Supreme Court has come out with certain orders and we are made to guess as to the import of the said orders.  "Amount payable to the employees" was one such occasion.  This was later clarified as "amount payable to the petitioners".  Again there were heated arguments as to the correctness of the amounts arrived at and deposited in the Registry.  But we had to run away from the issue as it was not possible for us to go beyond a certain point.  In a lighter vein let me say, had it been LIC, we would have referred the matter to CO, a procedure we are familiar with.  But here we cannot send a note for clarification to the Supreme Court!

Now we have been awarded with another order "There shall be no stay of the directions given by the learned Single Judge vide order dated 12.1.2010 passed in S.B.C.W.P No. 6676 of 1998 and connected matter.”  We are again in a quandary unable to understand the implications of this court order.

I do not know what the optimistic lot among us would like to say but my feeling is that SC has left the area open for decision by the SC Bench considering appeal by LIC for appropriate orders (as and when it reaches them). If the HC does not oblige, Shri Asthana will be obliged to go to SC very soon. 

I wonder how the High Courts would deal with this order of the Supreme Court. Of course there are ever optimistic and positive people among us who would like the Rajasthan HC to pass the orders immediately to implement the HC order and LIC to disburse the amounts to the pensioners. Other issues are non-issues for them.

The logical problem how a HC judgment would be implemented when an appeal on the same is pending in Supreme Court is not a matter of any sense to them. From rooftops they shout "settle...settle". If the problems in the order are pointed out, those who do so will be termed as retrograde, sick with a negative mind.

Komalan (komalack@rediffmail.com)