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Saturday, March 01, 2014


 Dear Friends,

We have been keenly reading  Sh Sreenivasa Murty's write ups and legal views/ opinions on the issues relating to the legal struggle being spearheaded by Sh KML Asthana for the last over 15 years, of course with the support of AIRIEF and majority of the retired employees belonging to all classes and cadres, and I would like all pensioners to  examine the whole issue (in brief) in the light of the following journey of the legal struggle:-

Sh Asthana was successful in getting the historic judgement dated 12.1.2010 by Hon'ble Justice Bhandari, Rajasthan High Court, Jaipur. In this judgement Justice Bhandari has elaborated, discussed at length, dealt with, observed, passed directions & orders on the two issues which have been mentioned in his detailed judgement as:-

(1) The grievance of the petitioners is in regard to the grant of dearness allowance - CWP 6676/1998  and 
(2)  The benefit of revision in the pay scale from time to time was not extended to the pensioners- CWP 654/2007;and the order, inter alia, is:-

"In light of the discussion made above, both the writ petitions are allowed.....
The benefit arising out of the directions above would, however, be considered by the respondent Corporation so that every retired employee may get the same benefit." 
(please go through the verdict word by word as every line of the same is a direction/ order).
Further PLEASE NOTE CCP -760/2010 WAS FILED  by Sh Asthana in CWP 654/ 2007 ONLY with a purpose, but this contempt petition was  put on stay, and  could be taken in 2013 after the SC lifted the stay.

Friends, as all are aware that LIC had gone for appeal before DB against Judgement dates 12.1.2010, but failed. And then went  to SC who ordered for review and LIC lost in Review  also. LIC filed SLPs which were dismissed, but finally the SC considering LIC's applications for leave to appeal converted SLPs into civil appeals and had passed the following orders on different dates:- DELAY CONDONED  LEAVE GRANTED  AND “There shall be no stay of the directions given by the learned single Judge vide order dated 12.01.2010 passed in S.B.CWP No.6676 of 1998 and connected matter.” (connected matter means CWP No.654 of 2007 regarding upgradation of pension).

Since there is no stay by the Supreme Court on Jaipur HC orders, LIC is under legal obligation to honor the HISTORIC JUDGEMENT, but  instead it is unnecessarily dilly dallying and trying to drag the old pensioners in the long drawn legal battle again, thereby leaving pensioners with no option other than to pursue the Contempt Petition which Sh Asthana had filed.

Proceedings of CCP 760/2010 in the RAJASTHAN HC,JAIPUR, were dramatic particularly in the months of Jan-Feb,2014, as the Hon'ble Judge had  adjourned the case  at short intervals a number of times arousing Hope & Anxiety amongst  all the pensioners. Finally on 13-2-2014 the court has passed a confusing order thereby shattering all expectations., and Mr.Sreenivasa has rightly expressed that :-
  • "In light of the Mr Asthana insists that he never withdrew his petition and therefore the Order was wrong. He is as much intrigued as anyone else about the content of the Order. Let’s leave it there.
  • The need arises now, more than ever before, for the interested parties like all other pensioners, to stand by him in his continuing crusade before the appropriate higher judicial forums. He is on the job of evaluating various options before him. Best legal advice is being sought and the matter will be pursued to its logical end"
  • Friends I fully agree with Sh Sreenivasa to stand by Sh Asthana in his continuing crusade and for that he  & AIRIEF will need more funds and renewed support. Please also go thru Sh Asthana's views  expressed by him in his mail dated 23.2.14 to Sh CH Mahadevan:-
"Sir,
  • There is no liberty of filing the application.  The judgment of Justice Bhandari is clear and crystal and if I go there and he adds a single word therein it will bring us to O level, because it will open pandoras box for LIC.  They will challenge the judgment in DB appeals here and then in SLP because they are fond of extending and prolonging the litigation and we will have to face the music as if we are filing the writ petition for the first time. It is another thing that such clarification will take some year’s time.
  • The Contempt of Courts Act says that the order has to be seen and not even the reasonings. The Contempt is essentially initiated for effective implementation of an order.  The judgment consists of the reasons for arriving at the decision as such it is difficult to comprehend how there can be disobedience to a process of reasoning, as has been held by the SC.
  • In this perspective what the Contempt Court has to see as to what was the order.  “The writ petition is allowed”. For this the prayer in the writ petition has to be seen and in my counter affidavit filed on 7/2/2014 I have quoted this. Therefore, there remains nothing to be clarified at Justice Bhandari.
  • The judge has not given what clarification he wants?
  • In the writ petition No. 654/2007 the Board Resolution was not the subject matter and when the pension is to be revised on the basis of revised pay scales, where is the necessity of bringing the Board Resolution into picture. The pension has to be revised on the basis of pay scale as is standing on the date of payment of pension.
  • Further the DR question will be eaten up by ‘prospective date’ then what will be the gain, it has to be envisaged. Since in that case we will lose revision on 1/8/1997, 1/8/2002 and 1/8/2007 and so on so forth. For one pie we are ready to loose Rupee?
  • In such a case the Board Resolution has become redundant since it does not provide for further revisions even on 1/8/1997. What the LIC is doing is combining the DR as paid as on 31/7/1997 and adding to it the Basic pension becomes the revised pension.  No neutralisation, no 11.25% weightage. If that is implemented then our pensions will reduce instead of increase and those retired after 1/8/1997 what about them?
  • LIC is not doing that as stated above.  The alleged revision is being given from 1/8/1997.
  • Here Board Resolution has no role to play and the retirees after 31/7/1997 will have no benefit.
  • The case has come to an end on 8/8/2013 and the order dated 30/9/2013 has nothing to do.
  • The SC has held that it was not open for a party to take a plea that in earlier proceeding certain issues were decidedly collaterally or incidentally.  Such an attempt to belittle the judgments and orders of the Court would amount to gross contempt.
  • In substance disobedience will take place when there is a non-compliance of an order made by a court. The order has to be complied with in letter and spirit, notional compliance is not enough.
  • Again, mere pretence of compliance of the direction will not persuade the court to refrain from exercising the contempt power, particularly when it appears that the contemnors have committed a fraud on the court under the guise of compliance.
  • Here it is pertinent to mention that in our cases LIC has  played on the Court at the time of first stay, second stay and now before this court.
  • LIC has not even complied with the order dated 22/1/2014.
  • Whether there is violation or not has to be tested against the order only.
  • The Court can punish by imposition of a maximum fine of Rs. 2000=00 or in severe cases to simple imprisonment of two months.
  • I hope I have made the position clear.  There should remain no ambiguity about the future course of action which I have set up.
KML Asthana."
LOOKING TO THE  INTRICACIES OF LEGAL SYSTEM  & THE CURRENT POLITICAL ENVIRONMENT THE JOURNEY SEEMS TO BE TOUGH AS THE LEGAL BATTLE MAY END ONLY IN THE SUPREME COURT WHERE IT MAY BE TIME CONSUMING BESIDES COSTLY, BUT SH. ASTHANA'S  EFFORTS + OUR UNITED SUPPORT AND  THE JUST CAUSE WILL DEFINITELY  HELP US TO REACH OUR GOAL EARLY WITH THE BLESSINGS OF GOD. PRAY FOR GOOD HEALTH TO ALL TO STRENGTHEN OUR ENTHUSIASM AND RESOLVE.

WITH KIND REGARDS,
H K AGGARWAL
MOHALI,CHANDIGARH.
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