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Wednesday, March 05, 2014

HK AGGARWAL


LIC Management’s callous & unsympathetic attitude towards the senior retired employees has been amply exhibited in their false, distorted & twisted replies and submissions that they have been filing in the HIGH COURTs and SUPREME COURT just to delay the implementation of the RAJASTHAN HC,JAIPUR JUDGE HON’BL JUSTICE MM BHANDARI’s historic judgment dated 12.1.2010 in letter & spirit. This attitude of LIC has been confirmed in reply to my RTI appeal to MD/AA LIC - he has shirked from taking any responsibility by twisting facts by saying that their SLP(C) NOs.16755 & 16758 OF 2013 are pending before the HON'BLE SUPREME COURT OF INDIA and the information sought by applicant relates to the issue of upgradation of pension which is sub-judice.

Friends, Justice delayed is justice denied. It is an awfully bitter reality which we have to swallow especially when thousands of our colleagues have already left us waiting for justice to be delivered. Unfortunately the intricacies, inbuilt delays, unpredictable nature of the legal system had shattered the hopes (which we pensioners had pinned upon CCP 760/2010) with the strange/erroneous orders dated 13.2.14. Obviously pensioners feel hurt & gloomy and started looking for some alternative solutions, welcomed the idea of political moves. Delhi unit of AIRIEF joined a Dharna on 24.2.14 at Jantar Mantar, New Delhi. Mails to hundreds of MPs including Sh Rahul Gandhi were sent, followed by sincere efforts by Sh RB Kishore, VP AIRIEF, Sh.VC Jain, GS,AIRIEF, Sh.DD Gupta of Delhi, to arrange a personal hearing with RAGA as a silver lining was seen in the clouds. 

Everybody is apprehensive but curious to have an early solution which is eluding us. It is indeed surprising that Sh Madhusudan Mistry,MP, who is very close to Sh.Rahul Gandhi, and as per the letter head of AIRIEF happens to be Chairman of AIRIEF, could have helped the retired employees of LIC, but there seems complete silence and helplessness. 

Friends you will all agree that the pensioners do not have any political strength or capacity to create nuisance or headache for the Govt., nor any God Father to listen our vows. All are well aware of the mind-set of the Finance Minister/GOI. The respondents in civil appeals of LIC pending in Supreme Court have been served with notices by the court, thereby giving LIC further excuse to delay implementation. 

Many of our learned friends have been coming out with ideas, suggestions besides expressing lot of concern and anxiety about the legal cases in process. My humble enquiry is “have they ever thought of the support required by Sh Asthana & AIRIEF and how many of the pensioners have been contributing for the common cause. In my opinion hardly 10% of the pensioners might have contributed to the legal fund despite calls from AIRIEF leadership including Sh RB Kishore VP. Some had been proposing for approaching Supreme Court, but there is no straight road to approach the Supreme Court since the Hon’ble court has already given relief to pensioners by NOT GRANTING ANY STAY ON DIRECTIONS ISSUED ON 12.1.10 BY RAJASTHAN HC, JAUIPUR Hon’ble Justice Bhandari, and as such SC will not entertain any APPLICATION at this stage; it is HC who is to get justice delivered to the pensioners.

Thus under such a situation, despite the inordinate delays of the legal system, we have to follow legal modalities and rely upon legal struggle which has been successfully fought till now by Sh. KML Asthana supported by AIRIEF and all the pensioners. Lets not get depressed but extract courage and strength from the dedication and determination, enthusiasm & resolve of Sh KML Asthana, who despite his ill health and all the criticism and comments is carrying on with his mission. He has filed two applications (writs) with the Chief Justice of Rajasthan HC Jaipur, praying for getting the implementation of HC order dated 12.1.10 admitting CWP 654/2007 on up gradation, for the benefit of all. We await for the next date of hearing with optimism. There is dire need to shed inhibitions and remain united.  Unity is strength. Continue moral and financial support to those sincerely engaged in the legal battle to take it to a fruitful end.

With good wishes for Good Health to all,
H K Aggarwal, 
Mohali.

PS: A synopsis of the petition filed by Sh Asthana is given below.