Dear LIC Pensioners
Along with my comments posted in the Chronicle on 28 March 2014 I offered to propose an action plan for the consideration of ALL LIC pensioners. Through this platform I also appeal to ALL leaders of ALL pensioner Associations (whether in the thick of litigation or outside) to consider this appeal dispassionately. It is indisputable that each Association representing the pensioners is working to protect its members‘ interests – in its own way. Intentions are good. As far as strategies are concerned, Associations are working at cross purposes just for one-upmanship. It should stop. Pensioners can ensure it by coming together. Leaders are bound to honour the mandate.
Before I go in to the details of my simple action plan, here is a quick review, as I see it, of the latest scenario on the litigation front:
- It is known to all by now, that the Interlocutory Application filed in Supreme Court by the Writ Petitioners in Delhi HC, (their pleas – A) implement Board Resolution - B) pay/deposit money as was done in Jaipur HC, but to the pre 1997 retirees only, etc.) is coming up for hearing on April 4.
- This Application is wholly misconceived and appears to be a desperate attempt to extract some ‘favourable’ Order from Supreme Court even by confusing the Bench (such attempts do not succeed and may even boomerang.
- I am ready to prove my point if anybody is interested, by quoting from the IA, line by line or paragraph by paragraph. The IA smacks of an invisible nexus between LIC and some leadership of the Petitioner Association.
- Let nobody mistake that any section of the pensioner community as a whole, is against the pre 97 retirees. They should get ALL that they are entitled to, but NOT a small part of what a correct interpretation of the Board Resolution makes them eligible for. By canvassing a wrong and narrow interpretation of the Board Resolution, as done in the latest IA coming up for hearing before the SC, if the Petitioner Association chooses to fall in LIC’s trap, it will be doing permanent damage to the pre 97 retirees, to be followed by exposing the rest of the pensioners to continued denial, delay and the vagaries of judicial process. Will leave it there for now.
- As can be easily expected, the Writ Petitioners in Rajasthan HC have filed before the SC an ‘Intervention Application’ opposing the IA of the Delhi Petitioners. If they diligently do their back office follow up, both the IAs will be heard together on 4th April. If not by ‘mentioning’ before the Bench about the Intervention Application they will have the matter adjourned, easily. If taken up, which is more likely, in about just five to ten minutes of arguments, SC may push the Pensioners fate back to status quo ante, by dismissing the first IA asking the Petitioners to knock at Delhi HC doors instead of ‘ours’. As a consequence, there will be no intervention as there is no IA itself to intervene. This outcome on April 4 is a distinct possibility if the first reaction (God forbid) of the Bench is that the two IAs before it for disposal are nothing more than an infighting between two rival Associations, opposing each other. It is evident after all.
- The SC hearing on April 4 is a double edged weapon. In the best scenario, if the petitioners engage competent Sr counsel and brief them properly, this is a wonderful opportunity to plead with the Bench and secure a direction to LIC that in view of the ‘THERE SHALL BE NO STAY’ Orders dated 30 Sept ’13 and subsequent dates on each of the HC judgements, LIC is bound to implement the respective judgements and that the pendency of the Civil Appeals has no bearing on LIC’s legal obligations.
It’s time for ALL the leaders to introspect and chalk out proper strategy.
Beware of the lurking danger of LIC taking advantage of the in-fighting and manage to secure some Order of comfort from SC and to defer any other compliance till the Civil Appeals come up for hearing years later. Look at the Chandigarh developments. LIC has nothing to worry till July 7. Let that history not repeat on April 4.
My proposed action plan will be more relevant to share after April 4.
Will revert for sure, thanks to the Chronicle.
Sreenivasa Murty, Mulukutla
Formerly RM (Legal) &
Law Officer Hyderabad
+919177737356
ARE LIC PENSIONERS CONFUSED? NO, THEY ARE NOT. THEY ARE (BEING) LET DOWN.
I want to respond to the on-going debate on whether or not the LIC Pensioners are confused, lost, unsure, unclear, perplexed, disoriented or bewildered?
In my view they are NOT – just NONE of that
The truth is: Many of them are resigned to their fate, turned philosophical being wiser and older and became practical because if there is nothing they could do to see things as they want to, why resist and invite tensions – mental and physical? Let’s take what comes – when it comes – if ever.
NOW, in this scenario, is the cause of LIC pensioners in grave danger?
To read Shri Murty's earlier article, please click below.
ARE LIC PENSIONERS CONFUSED? NO, THEY ARE NOT. THEY ARE (BEING) LET DOWN.
I want to respond to the on-going debate on whether or not the LIC Pensioners are confused, lost, unsure, unclear, perplexed, disoriented or bewildered?
In my view they are NOT – just NONE of that
The truth is: Many of them are resigned to their fate, turned philosophical being wiser and older and became practical because if there is nothing they could do to see things as they want to, why resist and invite tensions – mental and physical? Let’s take what comes – when it comes – if ever.
The truth is: Most of them are certainly concerned about the issues at stake, concerned about what is happening/not happening. Certainly not ready to accept the unjust treatment meted out to them.
The other truth is: THEY ARE ALL LET DOWN. Firstly by an insensitive Government, secondly by an indifferent LIC top management and lastly and more importantly by the Associations which claim to represent them and claim to be fighting to protect their interests.
NOW, in this scenario, is the cause of LIC pensioners in grave danger?
NO, NOT AT ALL. If only we join together and raise our voice. I will talk more on that in my proposed action plan.
Everyone should realize that the emphatic and unequivocal judgements in support of the Pensioners’ cause, (thanks to all those who toiled for the same) delivered by three different High Courts of Judicature and the subsequent refusal to stay the judgements by the Apex Court, is an extraordinary situation. It is ADVANTAGE pensioners all through. It would be most unfortunate if our leaders do not skilfully convert the situation to clinch the nagging problems to the benefit of the pensioner community.
In the above background I have some thoughts (nothing new of course) to share and also an action plan to suggest. I am encouraged by the availability of this wonderful platform – this objective, unbiased Chronicle which we know is being visited by thousands of LIC Pensioners. Most of them read the postings - agree or disagree but don’t speak out. I request all such LIC pensioners to go through the following simple statements/views and all those who agree with them to consider joining the action plan suggested later.
- 1) LIC Board Resolution dated 24/11/2001 categorically concedes that there should be certain pension reforms. (I am purposely not going in to any interpretation of the Resolution at this stage because it is the major irritant and the bone of contention between the Petitioners before the Delhi & Rajasthan High Courts).
- 2) LIC did not or perhaps could not implement its Resolution because the Government
- approval sought by it has not come. However the requirement of Government approval, as is known too well by now, has been rejected by the Rajasthan High Court.
- 3) LIC also cites the on-going litigation in various higher courts as coming in the way of doing what it perhaps decided to do in the year 2001 itself, even as per its own interpretation of the Resolution.
- 4) Then the court cases are naturally caught in the system malaise of our countrywhere delayed justice is the rule rather than an exception.
- 5) Open bickering and ego problems among the leadership of different Associations pursuing their separate agenda in isolation and in the process working at cross purposes.
- 6) It is pretty clear that LIC does not want to honour the identical judgements of the three High Courts and plays every trick to delay and protract the litigation and hopes to keep it going till all the three Civil Appeals tagged together by the Supreme Court eventually come up for disposal.
- 7) I am willing to concede that probably LIC is not guilty of intentionally playing this cruel game against its former officers and employees purely of its own volition but perhaps it is being pushed by the Government to do so. Hardly matters as far as thevictims are concerned.
- 8) In conclusion we may expect that final justice and total relief can come to the LIC Pensioners only when Supreme Court dismisses the Civil Appeals. But several years later. In a simple sense, it only means much more delay and many more pensioners will leave this world by then. Pensioners don’t want to wait that long.
Will share my proposed action plan in my next posting - in a day or two.
M.Sreenivasa Murty, Hyderabad