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Monday, June 16, 2014

M SREENIVASA MURTY



LIC PENSIONERS – 
LET US APPEAL TO OUR LEADERS TO WORK TOGETHER 
AND WORK FOR COMMON GOOD 

– THIS IS THE TIME – 

NOW OR NOT IN THE NEAR FUTURE.

We have been accusing LIC and the GOI for long, of being insensitive to our legitimate demands and expectations. Let us ensure that our own representative bodies shall not be insensitive to our expectations – be it this Federation or that Federation.

If we the members of these Federations (and Pensioners in common) fail to make them sink their differences in approach and present a common front before the Supreme Court in August 2014, all of us may miss the bus once again. There is no reason why they should not present a common front in the sense they have a Judgement in their favour and they are entitled to demand its implementation, without interfering in or pulling down the other. Please consider the following statements (you may call them, ’opinions’) and indicate your agreement or disagreement with each of them.
  • 1. Any final relief in respect of our Pension cases shall have to come from the Supreme Court only. (efforts to approach the new Government functionaries are and can only be serious parallel trials, for what they are worth)
  • 2. Supreme Court Proceedings dated 4th April 2014, do permit the parties to ‘all three appeals’ to say what they want to say when the matters are listed and heard together on or around 12th August 2014. 
  • 3. Petitioners before all three High Courts should want the Judgments already delivered in their favour by the respective HCs be implemented forthwith by LIC, for the unassailable reason that the SC declined to ‘stay’ the same. 
  • 4. It is a matter of fact and record that what is now before the Supreme Court for consideration already (on behalf of the pensioners/petitioners) are: 
  • i. IA No 3 in CA 9223 of 2013 filed by Shri G N Sridharan, 
  • ii. The Petition opposing the same by Shri KML Asthana (which was not ready in the court papers considered on 4.4.14) and 
  • iii Shri KML’s Implead Application in Chandigarh case, filed on 6th May 2014 but not yet numbered. 
None of these qualify, looking at their content and prayers, as Applications for implementing the Judgments. As far as the Petitioners in Chandigarh WP are concerned, they are yet to put their first foot in Supreme Court. But they are on the job.

If we agree with 1, 2, 3 and 4 above, our leaders have work to do immediately.
  • 5. IA No 3 has to be substantially modified or substituted by a fresh one. I am in touch with Shri Sridharan and he and his EC are examining what should and can be done. I have just collected (grateful to Shri C H Mahadevan) some valid additional information which should assist Shri Sridharan to take a considered and appropriate decision. The objection petition by Shri KML, against IA No 3 shall then become infructuous and can be formally withdrawn. Both Jaipur and Chandigarh petitioners will have to file suitable fresh Applications in deference to and compliance with, the 4th April SC Proceedings.
  • 6. The jobs at 5 above should be completed fairly early, say by the time Supreme Court reopens after vacation on 30th June. It is important to do so because, if the fresh/modified Applications are filed in the SC in the first week of July 2014 (AFTER COPIES ARE SERVED ON LIC & GoI well in advance), it will not be easy for LIC Counsel to manage a long adjournment on the plea ‘we just got a copy served last week, we have to take instructions and file reply etc., It is necessary to move quickly because even briefing the Advocates from our side is also very important and time consuming. I may add here without fear of contradiction that the success of even a good case in Court depends on many factors of which close follow up by the client is foremost. 
  • 7. I would most sincerely appeal to ALL – the Pensioners as well as the Leaders (who hold the keys to the Court cases), not to dub this suggested comprehensive action plan as something being thrust by me. It is not merely mine, it is the plan evolved following extensive discussions with eminent Lawyers. AGAIN, THIS NEED NOT BE THE ONLY SCHEME. When we sit with competent experienced Advocates and discuss the minute details and implications of FACTS & LAW, we stand to gain.
  • 8. Once the action plan gets finalized, we can exchange notes on what may happen in SC on or around 12 Aug 2014 and how to prepare for one or more of a number of eventualities. 
9. Finally,
Dear Leaders working for the Pensioners, let us all meet, discuss and decide, but quickly. At Delhi, at Chennai or at a central place – Hyderabad.
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