1. FRANTIC EFFORTS HAVE TO BE DONE, ENTIRE ARSENAL OF LEGAL JURISPRUDENCE MUST FLOW, DESERVING & DOMINATING SUBMISSIONS HAVE TO BE MADE, JAIPUR HC WRITS MUST BE THE BEALL & ENDALL TO REVERSE -- THE BLOWS RECEIVED, AS IS EVIDENT FROM VAST BODY OF PENSIONERS, WITH FRANTIC ENQUIRIES, WHICH CANNOT BE BRUSHED ASIDE --WREST THE CASE IN FAVOUR OF PENSIONERS BY PROCLAIMING THE SUAVE & STRONG ARGUMENTS FOR TWIN BENEFITS OF 100% DR & PENSION UPGRADATION WITH EVERY WAGE REVISION, WHICH IS THE BEDROCK & SHEET ANCHOR OF HON SJ BHANDARI'S JUDGEMENT, BY ACCEPTANCE OF BOTH WRITS 6676/1998 & 654/2007 ON PENSION UPGRADATION.
2. STRANGE CASE/S ARE DRAWING ON ENDLESSLY, SEEMINGLY NEAR-FINAL VICTORY BUT ELUDING US, & SO INTROSPECTION & REFLECTION IMPARTIALLY ON INADEQUCIES & INSUFFICIENCIES OF ARGUMENTS & COURT CRAFT BY REASONED, MELLOWED, ASSERTIVE PRESENTATIONS WITH A WHIFF OF FRESH BREEZE TO COME OUT OF THE IMPASSE, END THE UNENDING STALEMATE & DEADLOCK WITHOUT ANY ILLWILL OR RANCOUR.
3. ENOUGH & MORE THAN ENOUGH TIME HAS PASSED, WE CANNOT GO ON SAYING SAME REASON -- DELAY, DITHER, ADJOURNMENTS -- ESPECIALLY WHEN WE SEE, READ IN & OUT HC & SC IMARTIAL, FORCEFUL INTERVENTIONS & ADMONITIONS, REPRIMANDS TO ERRING AUTHORITIES, WHOEVER THEY MAY BE, & DELIVERING WONDERFUL JUDGEMENTS DEMONSTRATING & RADIATING THE SUPREMACY OF COURTS IN MAINTAINING & UPHOLDING EQUITY & JUSTICE. VIEWED IN THIS CONTEXT, WE ARE BEHIND, BEHIND REALLY & SO PLANNING & STRATEGY FOR 2/3 FINAL STEPS TO CLOSE THE CASE WITH UNSWERVING ARGUMENTS & CASE LAWS POINTING OUT LIC's ADHERENCE TO DISTORTION & TWISTING OF FACTS & DIVERTING TO MICRO INSTEAD OF MACRO MAIN THREAD OF VERDICTS WHICH ONLY SHOULD ENGAGE THE ATTENTION OF COURTS HEREAFTER CERTAINLY IT WILL BE ANAETHEMA IF AGAIN, WE ARE DRAGGED IN THE QUAGMIRE OF CALCULATIONS, INTERPRETATIONS OF BOARD RESOLUTION & FLY PAST INTO THE KERNEL OF HON SJ VERDICT, WHICH ALONE CAN END IMPASSE & ENSURE FAIR, FREE, FRANK TRIAL INDEED TO ATLAST CLINCH FINAL SUCCESS.
4. WITHOUT ANY COMMENTS ON ANYONE DEALING WITH THE CASES, PRINCIPLES SHOULD DOMINATE TO EXPRESS VOX POPULI, TO CONSULT & ENGAGE SR COUNSEL SRI P.S. NARASIMHA WHO WON US THE GRATUITY CASE, WHO IS HELD IN HIGH ESTEEM BY SC TOO. BELATED INTERVENTIONS & NOT APPROACHING HIM ON TIME, AS IT IS ALREADY DELAYED, MAY PROVE TO BE COSTLY .
WE GET DIFFERENT INSPIRATONS AT DIFFERENT POINTS OF TIME AS CONSISTENT & PERSISTENT THINKING INDIVIDUALS, DEVOTED & DEDICATED TO THE CAUSE OF ALL GROUPS OF PENSIONERS, WITHOUT ILLWILL OR RANCOUR, BUT PROMOTING THE ONE & ONLY JUST CAUSE OF WELFARE OF ALL PENSIONERS. I RECALL MY LAST CCC MARCH 2014 SERIES NO 120 OBSERVATIONS TIMELY HERE :
10) i) The size of your dream should be much more than the people
whom you look up to and got inspired, but be thankful for the
seed sown by them.
Sri KMLAsthana is fighting a dogged & determined, a courageous & confident, a tedious & tortuous legal battle as a brave warrior, on behalf of all pensioners, emulating the above 2 dictums. Never in history perhaps, with such a unique Rajasthan HC, Hon SJ Bhandari’s judgement dt 12/1/2010 rolling the Umbrella Judgement of twin benefits of full 100% DR to all & now to pre-8/97 pensioners & pension upgradation with successive wage revision, followed by ever so many victories in Punjab & Haryana HC endorsing Parent Jaipur HC verdict, adding 12 % interest & Delhi HC too singing the same tune adding & strengthening the benefit “in rem” to ALL pensioners, many SC Bench orders in favour of pensioners with clarificatory order dt 14th Oct 2012 & memorable 8th August 2013 SC judgement allowing KMLA’s IAs 12 & 13 & dismissing LIC SLPs 29956 & 29957/2011 & the crowning glory of the capstone of 30th Sep 2013 SC order of NO STAY on Hon SJ order dt 12/1/2010, with a 4 year 3 month travel & voyage of pensioner, assured Victory Verdict could not be clinched is a heart-rending story to be broken only by energetic,strategic & powerful submissions to break the ice, call a spade a spade & clinch Final Victory breaking all barriers to bring to an end this epic Kurukshetra legal battle. Basking in glory as verdict was unique & historic,but proving elusive like a will of the wisp, we go farther, LIC goes farther, Courts unable to appreciate the agony & frustration of aged pensioners ,with ever so many deaths,Family pensioners galore,pensioners above 70 aplenty,hope lies eternal in human breast, Truth will ultimately triumph,Faith our watchword & not catchword, we will surely & certainly win, with the 2 writs slated in Rajasthan HC & CWP 3471/2014 listed for 2nd April 2014, Notice being issued to LIC, SC Bench on Civil Appeal 9223/2013 on Delhi HC order on 4th April, 2014 with Intervention Petition by KMLA & if only a writ of Mandamus can be secured from Rajasthan HC against LIC to implement the 2 benefits in clear terms,final SC hearing, after Appeal, can bring the curtain down to the delight & dance of all pensioners. Clock is ticking. Let us see & hear when it chimes.
ii) Supreme court judgment in K.A.Ansari &Anr VS Indian Airlines Ltd on 28-11-2008 which says " Difficulty in implementation of an order by the court is no answer for its non-implementation......... If the order was not clear it was always open to them to approach the court for clarification of the said order.Without challenging the said direction or seeking clarification Indian Airlines could not circumvent the same on any ground whatsoever. Difficulty in implementation of the order passed by the court, however grave its effect may be, is no answer for non-implementation. ( For more details open the web page :http:// www.law web.in/2013
Let us march on with the spirit of passion & compassion & the world will be ours to conquer. St Francis Assissi put it better when he says, "Start by doing what is necessary,Then do what is possible, And suddenly you are doing the impossible".
Greetings,
R.B.KISHORE
VP,AIRIEF