LET OUR AIRIEF AND WARRIOR SHRI ASTHANA'S EFFORTS BE CROWNED WITH THUMPING SUCCESS, WRITES SHRI RB KISHORE.
B. a) SC verdict that “when a benefit is extended to group of employees the effect of
such benefit if otherwise comes within the purview thereof must be held to be
applicable to other group of similarly placed employees” So, none need worry as
petitioners now will embrace all pensioners for the benefit, when achieved.
b) Further in IA NO 9 in TP(C) NO56 of 2007 Supreme court vide its judgment dated 04-09-2012 1V: CPC held that “This order shall govern all similarly situated officers who have not approached the court and also those who have filed Writ petition which are pending before various courts”
c) Further in the Supreme court case NO: Appeal(Civil) NO. 1289/2007 in Para 25 of the judgment it was held “Revision of pay scales and also other allowances is technical in nature. When a benefit is extended to a group of employees the effect of such benefit if otherwise comes within the purview thereof must be held to be applicable to other groups of employees.
d) Supreme Court observations in Gratuity case is also categorical that all in same & similar aggrieved category must derive full benefit of the judgement.
From the above it is clear that the accrued benefits should not only be paid to the petitioners in the suit who contested but also to all the eligible pensioners.
C) i) Facts are clear as crystal, reason & logic of demands are powerful, no one can deny discrimination, decades have rolled by, none to wipe the tears, demands are modest & legitimate, Court victories are galore & successive, one after another,Goliath has to awaken now..JUSTICE DELAYED IS JUSTICE DENIED; JUSTICE DENIED IS JUSTICE BURIED
ii ) With all such many-sided cardinal principles in pensioners favour,viewed from all angles, right,left & centre,if anything adverse happens during the last stage of this long court proceedings testing pensioners patience & perseverance, & leading to unpleasant questions,God forbid,as torch of Faith is burning bright.Reality as it exists today is in pensioners favour,thanx to latest recent developments& various pronouncements .8/8/2013 is a memorable day .So too, 30/9/2013 SC Bench order .
Where there is truth, there is victory. As the saying goes, 'the boat of truth may roc, but it will never sink.' When you are truthful,you might temporarily experience dissatisfaction, but you will ultimately attain victory.
This is our fervent Prayer during Dassera when Goddess Durga destroys all evil & also on the eve of Divali.
iii) It must be remembered that Sri KML.Asthana, RIEA Jaipur won the Gold coin issue on LIC Golden Jubilee, a cash award of Rs3000 pensioners got.Gratuity case also came in our favour for Class I officers retired between 1/8/92—31/7/1994 with 10% interest.Recently after initial victory, when LIC went for appeal in Sri M.C.Jain , RM(Retd), LIC appeal was dismissed with orders to revise pay & pension too, for officers retired 1/8/92—31/3/93. Even the so-called DOB if falling on 1st , that employee must be deemed to retire not on last day of previous month but next month only was also Jaipur contribution. Let us give respect where respect is due for all the dedicated efforts,planning& strategy as also a labour of love & sacrifice against heavy odds. There is nothing like LUCK, it is only PLUCK, U SEE.
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iv) More than 12 years,money,labour, energy,inconveniences, delay, adjournments, court rules & procedures,adverse health,sacrifices,are being silently borne by pensioners,activists straining to maximum even in adversity. Who has to bear the wrath & curse of such families,where pensioners died/die every day,certainly LIC & UOI who never exhibited dynamism & public relations to resolve their customer constituents of which pensioners also form a significant part
D) i) The 5th CPC based its recommendations for the revision of pensions and family pensions of past retirees on that famous Nakara judgement and recommended that pension “as such should be fixed, revised, modified and changed in ways not entirely dissimilar to the salaries granted to serving employees.
ii) Please note we have such abundant RTI info, thanx to veteran specialists in AIRIEF,like Sri C.S. Murty, who, indefatigably apply, process, fup& all know the knotty, thorny path to get truth from such institutions& indeed we have succeeded
iii) We could get the charts prepared by LIC CO ,as at that point of time interpreting Board Resolution.The merger of DR at 600 & 1148 has been done to arrive at enhanced Basic Pension & then juxtaposing it to next CP Index 1740.The defect noticed by me was LIC has merged wrong/truncated/existing DR & NOT correct/Full 100%/Revised DR.That makes all the difference.I had pointed out to then Secretary(Per/ER) this genuine deficiency & to take a note of the same in relevant records so that at appropriate time, it does not escape anybody’s attention ,to render full justice to pensioners who already suffer heavy, grievous loss. Principles & procedures followed is likely to be the same as is being done for employees at the time of wage revision.We shall be watchful& vigilant when the time comes.
E) i) All must be glad to learn that Sri Asthana has plunged into action & filed an Application on 15/10/2013 for direction to the Respondents to make compliance of the SJ Hon Bhandari’s Jaipur judgment dated 12/1/2010 within a particular time as may be fixed by this Hon’ble Court with appropriate Annexures wherever necessary.
ii) The Punjab& Haryana High Court decided the writ Petition vide its judgment dated 9th November, 2012 wholly in terms of the judgment passed in the cases of Krishna Murari Lal Asthana by Rajasthan High Court and has granted on the arrears also. Life Insurance Corporation of India had filed S.L.P. against this judgment of Punjab & Haryana High Court dated 9th November, 2012. The said S.L.Ps also came up for hearing and therein also the Hon’ble Supreme Court has specifically rejected grant of stay vide order dated 18th August, 2013.
iii) That not only the above writ petition was also filed in Delhi High Court which was decided vide its judgment dated 30th January, 2013 by the Hon’ble Delhi High Court and the same relief was allowed in this writ petition based on the judgments of the Rajasthan High Court.
That the Hon’ble Delhi High Court has made the judgment to be applicable “in rem” therefore, all the retired employees of Life Insurance Corporation of India wherever they may be stationed are entitled to get the benefit of the aforesaid judgment irrespective of whether they were parties in person before this Hon’ble Court or before the Punjab and Haryana High Court or before the Delhi High Court for that matter.
iv) With the rejection of interim relief (stay) in all the three S.L.Ps by the Hon’ble Supreme Court, as submitted above, LIC is left with no alternative but to make compliance by revising the pensions from the date of retirement and make payment of the revised pensions with arrears along with interest as has been awarded by Punjab and Haryana High Court and to all the Pensioners as has been directed by Delhi High Court.
v) 22 October,2013 ,therefore, is vital& critical for all of us. Due diligence is done & proper strategies are being put in place. I learn from Sri Asthana that Dr Abhinav Sharma is a reputed advocate, knows our case right from beginning in & out,discussions have taken place, he never accepts ordinary cases but important cases only,clients are famous & reputed too.Let us all grant combined, optimistic, fruitful judgement day with fervent & devoted prayers to the Almighty
F) GOD SOMETIMES takes us into troubled waters, not to drown us , but to teach us
NEVER ALLOW URSELF TO BE SO DESPERATE THAT U END UP SETTLING FOR FAR LESS THAN U DESERVE U HAVE TO FIGHT THRO SOME BAD DAYS TO EARN THE BEST DAYS OF UR LIFE DON’T ASK GOD TO MAKE LIFE EASIER, ASK HIM TO MAKE U A STRONGER PERSON.
This, in short, summarises the protracted, meandering, tortuous legal, historic battle being fought with courage & confidence, determination & dedication
LET OUR AIRIEF & WARRIOR SRI ASTHANA'S EFFORTS BE CROWNED WITH A THUMPING SUCCESS.
GREETINGS,
R.B.KISHORE,
VP AIRIEF
044-2815 5810 / 098403 40591
(CONCLUDED)