Dear Sri Gangadharan,Thank you for promptly publishing my Note. I am also thankful for the Editor's responses to some of my observations and questions. There appears to have been some ruffling of unintended feathers.
Thank you also for inviting my attention to the comprehensive Note dated 16 Oct 2011 by AIIPA, lying quietly in the very valuable PC archives. I have now gone through it line by line and I appreciate the sheer conviction with which the then prevailing situation was methodically analysed and presented by who ever was its author. I concede I missed it because I am a relatively late entrant in to our pension 'movement'.
Dear Editor, let me emphasize that I continue to be intrigued with the Notes from AIIPA the latest being a kind of reiteration of its stand declared full three years ago. Specially its timing bothers me. Don't we all know that much water has flown beneath the bridge since then? In my school days, I was taught that light travels in straight lines. I was also taught 'don't ever pour water in case of burn injuries'. Later science discovered new theories on light and later medicine proved that old taboo in handling burn injuries is totally wrong.
My question naturally remains - whether AIIPA is FOR or AGAINST pension up-gradation in LIC. Then and Now.
When I attempted to join the same old discussion initiated afresh by AIIPA, it was not without purpose. Every such debate helps better understanding of the intricacies of the ongoing battle before the Apex Court. And helps sharpen our tools and in making our approach better. I have no problem if AIIPA or Mr GNS think that in their view we have no case for Pension up-gradation. But I do have it if they say (directly or subtly) that we shouldn't ask for it.
In deference to your suggestion that I may come forward with some serious comments, I certainly wish to do so. Some of these may be repetitions of what I have stated earlier through the PC. Also, I reconfirm what I see as a writing on the wall (the funny cartoon that I too enjoyed, notwithstanding) - if the writing is not visible to some, they need 'visionary' help. Let me add that I do see pension up-gradation as a writing on the wall. What I am trying to figure out is the effective date and the other contours.
Our pension issues awaiting adjudication by the Supreme Court, stand on a much higher footing than what is generally perceived. All the lofty analysis of the AIIPA and some others who are equally skeptical appear oblivious to the evolutionary developments governing the policy of pension up-gradation in the country. I don't know why some leaders perennially harp on Sec 21 and Sec 48 of LIC Act and highlight the Government's powers (and the Corporation's powerlessness) more than the Government itself? Nobody (at least not I) is disputing those powers or functions. Then what is all the fuss about?
If the Corporation passes a Resolution and recommends to Government to amend the Pension Rules, Government has the choice to accept the recommendation or reject the recommendation. In the latter case, there should be a valid reason. The Government also has the obvious choice not to do either, because no Statute or Rule mandates otherwise. It chose that option in our case. Why? Not for any sensible reason but because IBA told the Government 'don't accept, the recommendation' - 'otherwise it hurts us'. Government in its wisdom therefore sat on the Board Resolution for fourteen long years. Now, what has the Government (in spite of) being a Respondent, contended in the CAs before the Supreme Court? NOTHING. It did not contend in the current CAs even what it did in the WP pending (undecided) before Allahabad HC. What does it all mean? Government knows the law laid down emphatically by the Supreme Court. No Statute or Rule which violates Articles 14 & 16 of the Constitution will survive SC scrutiny. Unfair discrimination is and has been held to be the villain in the case of LIC Pensioners. If so, can the Government get away perpetuating it? That is what we are supposed to highlight and secure justice via the Apex Court. And not squabble on irrelevant questions like "has LIC got powers while Sec 21 and Sec 48 are not repealed?" "Can it be directed by Rajasthan HC to do what it cannot do legally?"
Supreme Court's powers to enforce constitutional rights are unfettered. If the demand for DR anomaly removal and Pension up-gradation are upheld as valid by the Supreme Court, it has the powers to direct the Government to 'amend the Rules and permit LIC to pay'. Why should we fight Sec 21 or Sec 48 of LIC Act? Let them be there and remain sacrosanct.
Our task therefore is mainly to highlight before Supreme Court that the existing dispensation in pension payments in LIC (to both pre-August 97 and post- Aug 97 retirees) is in violation of Art 14 & 16 of the Constitution of India. If we succeed, the Supreme Court knows (more than us) how to put an end to the discrimination. We need to remember that the Appeals to be decided are filed by LIC and NOT by the Pensioners. We have only to rebut all that LIC contends to oppose the three HC Orders. And then secure an unambiguous Judgement in our favor. It is not a cake walk but a very intricate exercise.
This is where we need unity of approach. If the three Respondents separately opposing the three CAs, firmly believe that the LIC Pensioners are entitled to Pension up-gradation they will also discuss and agree on what is the best approach to secure the same. Our counsels know what to say and what not to say and they may also agree on who says what. If AIIPA thinks we have no case for Pension up-gradation, they are entitled to stick to their 'organizational' stand. I will still be be personally curious to know why they think so.
Any reference during the course of arguments, to the Board Resolution (whether it includes this or excludes that) and any reference to the much publicized claims that a quarter dozen High Courts have already granted what we want, can only be made in passing. Undue emphasis on those facts may land us in trouble. Let us prepare for the final battle at a much higher plane.
I will revisit the discussion after Nov 8. I still ask my question - is AIIPA FOR or AGAINST pension up-gradation in LIC?
M. Sreenivasa Murty