I am glad there have been well-meaning responses to my latest posting in the Chronicle, through the Chronicle itself and privately too. It takes time and effort for me to further respond to responses which are critical in nature but that will not serve any immediate constructive purpose. Will still answer some of the more prominent observations on one-to-one basis, if only to keep the record straight.
I wish to shun rhetoric and come to the point.
- Mr Asthana filed fresh Writ Petitions asking for directions to LIC to implement the Original Judgement and is reported to be planning to file Recall application of the Order of dismissal of contempt proceedings. We all wish him (and us) well and let us hope for the best.
- Mr GN Sridharan, GS, Federation of ....... moved the Supreme Court for directions to LIC to implement its Board Resolution based on the Delhi HC Judgement. We all wish him (and us) well and let us hope for the best.
- Should we expect that something similar will be done by the Petitioners in Chandigarh HC too? If so we all wish them (and us) well and let us hope for the best.
What should the thousands of LIC pensioners who all have a stake in the matter, expect from now on? That these leaders and their Organizations are going to win their isolated battles decisively and protect the interests of their members fully? That LIC will eventually direct all its Divisions to write fat cheques (for huge arrears and the upgraded pension) to each pensioner? I am not sure - because of the inherent contradictions in their aims, their fractured interpretation of the judgments and the pitiable lack of willingness to THINK FOR ALL. THERE IS NO HOLISTIC APPROACH is the real problem.
What should the thousands of LIC pensioners who all have a stake in the matter DO? (Apart from their daily prayers!)
In my humble opinion: Propose, persuade, request and even beg these champions to come together, exchange views, share the strengths, get stronger and fight together. Is not their aim common? Are they not trying to help ALL pensioners? Are they not accountable to their respective members and to those who contributed for the enormously expensive legal battles so far?
Each one of us is a resource. In one way or another. Those who have been silent have chosen to be so because something is being done by some. When they choose to talk, don't ask them 'where were you, all these years'. They can answer and they will, very effectively. Positively.
My wish (certainly not wishful) of the immediate next course of action:
i) The Applications already filed in Jaipur HC and the Supreme Court, waiting to be listed/heard, shall be kept on hold - it is possible and permissible with suitable urgent instructions to the Counsel concerned.
ii) Let the leaders/petitioners meet, along with their respective counsel, discuss threadbare what could be the best common strategy & approach and pursue the AGREED course.
iii) One possible measure is that a common Application shall be filed before the
- There is a fair chance of the common application yielding dividends. In fact, with proper court craft, one should try for SC directions to implement the judgments which LIC is bound to do under law, as of now. It is better and easier to secure such directions rather than press for early hearing of the Civil Appeals, which need considerable time from Supreme Court. Also, SC is known to be generally reluctant to allow jumping the queue.
What I am suggesting may not be the only solution. There can be a better one emerging from deliberations. What is needed is HOLISTIC APPROACH. Those among the pensioners who agree, may please:
Propose, persuade, request and if you have no objection, even beg these champions to come together. If they oblige and do, they have nothing to lose, except some ego.
We have only retired. But have not gone DOWN.
Lastly, THANK YOU CHRONICLE.
Thanks and regards,
M. Sreenivasa Murty
Formerly RM (Legal) & Law Officer