PENDING PENSION CASES AND OUR LEGAL SYSTEM
YESTERDAY
I CAME TO KNOW FROM THE NOTE OF MR. C. H. MAHADEVAN THAT TWO PENSIONERS FROM
BENGALURU WHO WERE IN THEIR EIGHTIES LEFT THIS WORLD WITHOUT GETTING THEIR
LEGITIMATE INCREASED PENSIONARY BENEFITS. AGAIN TODAY I LEARN THAT ANOTHER PENSIONER MR. G.D. KOHLI FROM PATIALA HAS
GONE IN THE SAME WAY.
- WHOME SHOULD WE BLAME:
- THE L.I.C. WHO DECIDED IN THEIR OWN BOARD MEETING BY A RESOLUTION ON 24.11.2001 TO GIVE WEIGHTAGE OF 11.25% IN THE BASIC PENSION AND ALLOW FULL NEUTRALISATION OF DEARNESS RELIEF AND THEN WITHOLD THEIR OWN DECISION FOR IMPLEMENTATION.
- OR THE GOVERNMENT OF INDIA IS TO BE BLAMED FOR SITTING ON THIS BOARD RESOLUTION AND NOT GIVING CLEARANCE AND ALLOW THE POOR OLD PENSIONERS TO SUFFER.
- OR THE LEGAL SYSTEM WHICH HAS TAKEN SUCH A LONG TIME TO COME OUT WITH CLEAR DECISION AND DIRECTIONS TO LIC/GOI TO IMPLEMENT THE DECISION AND GIVE THE PENSIONARY BENEFITS TO THE VERY SENIOR CITIZENS OF THE COUNTRY.
IT
IS SAID THAT IF A PERSON FILES A CIVIL SUIT IN A COURT, THE BENEFITS OF HIS
SUIT WILL BE TAKEN BY HIS GRAND CHILDREN. THE LEGAL SYSTEM IS SUCH THAT YOU CAN
TAKE AS MANY ADJOURNMENTS AS YOU PLEASE AND PROLONG THE CASE FOR YEARS AND THE
COURTS WILL ALSO TAKE THEIR OWN TIME.
MR.
K.M.L. ASTHANA HAD FILED HIS PETITION FOR FULL NEUTRALISATION OF DEARNESS
RELIEF IN 1998. AGAIN HE FILED ANOTHER PETITION FOR REVISION OF BASIC PENSION
WITH EVERY INCREASE IN WAGES TO IN-SERVICE EMPLOYEES IN 2007. THE JAIPUR BENCH OF RAJASTHAN HIGH
COURT (SINGLE JUDGE) GAVE ITS HISTORIC JUDGMENT ON 12.01.2010.
THE
APPEALS OF L.I.C. AGAINST THE JUDGMENT WERE DISMISSED BY THE HIGH COURTS AT ALL STAGES. AGAIN THE PUNJAB AND HARYANA
HIGH COURT AND DELHI HIGH COURT ALSO GAVE SIMILAR JUDGMENTS LONG BACK. BUT
L.I.C. HAS NOT HONOURED THE JUDGMENTS AND PREFERRED TO GO TO THE SUPREME COURT
IN APPEAL.
NOW
THE CASE IS PENDING BEFORE THE SUPREME COURT SINCE 2011. MORE THAN THREE YEARS
HAVE PASSED BUT NOTHING HAS HAPPENED.
THE POOR AGED PENSIONERS ARE RUNNING FROM JAIPUR TO NEW DELHI, FROM BENGALURU TO NEW DELHI, FROM CHENNAI TO NEW DELHI AND
FROM CHANDIGARH TO NEW DELHI. HOW LONG
THIS WILL CONTINUE?
LET
US WAIT FOR OUR TURN TO COME IN THE SUPREME COURT AND WISH A FAVOURABLE DECISION COMES. BUT WHO
KNOWS – THE L.I.C. MAY LIKE TO GO FOR REVIEW OR ANOTHER APPEAL TO A HIGHER BENCH.
LET
US WISH THE ALMIGHTY BESTOWS BETTER SENSE TO THOSE WHO ARE WITHHOLDING THE BENEFITS TO THE PENSIONERS AND THEIR CASES
AT ANY LEVEL.
IS
IT THAT THE FINAL DECISION WILL HELP ONLY THE OLD PENSIONERS. NO—THE BENEFIT
WILL GO TO THE NEXT GENERATION OF PENSIONERS ALSO. IT WILL GO EVEN TO THOSE WHO
ARE WITHHOLDING OUR CASES TODAY BEING
OCCUPANTS OF HIGH POSTS. THEY FORGET THAT ONE DAY THEY HAVE ALSO TO RETIRE AND
MAY FACE THE SAME FATE.
OUR NEW PRIME MINISTER HAS BEEN ADVOCATING FOR
IMPROVEMENT OF OUR SYSTEMS. LET US THINK OF WRITING TO HIM. LET THE ASSOCIATIONS THINK OF WRITING LETTERS
TO THE PRIME MINISTER DRAWING HIS ATTENTION TO THE FATE OF L.I.C. PENSIONERS
AND REQUEST HIM TO INTERVENE.
