Dear Sri Gangadharan,
LIC Pensioners are fully justified in hailing the latest Kolkata judgement in favor of the Bank Pensioners. DS Nakara case decided by Supreme Court mostly clinched the matter in favor of the Bank Pensioners.
We too are going to draw heavily and with advantage, from DS Nakara case. No doubt we have our case solid as rock. But I am eager and keen to alert our leaders and the pensioner community in general, that there is something of vital significance for us to note and act, in this judgement.
- Justice IP MukerjI, clearly held that the cut off date (to deny DR with full neutralization) arbitrary and untenable. But let us not miss the operative portion of the judgement. The Court has not set aside the policy decision. It only directed the Bank to take a reasoned decision in consultation with the Central Government and the RBI.
In our case, the comparable situation arises from the fact that the Rajasthan HC directed LIC to implement its Board Resolution without waiting for the approval of Union of India. By implication - no need to amend Pension Rules, no need for Gazette Notification by the Government.
I would once again urge upon the leaders and defenders of the Jaipur Judgment, to be conscious of the potential pitfalls if they intend to stick to their known stand that the Board Resolution should be implemented by LIC as directed by the Rajasthan HC - Government has no role to play. It would be presumptuous on my part to suggest that the Sr Counsel opposing the Appeals, is unaware of these nuances. My hope is that the client's instructions to the Counsel should do the devil's advocacy concurrently, while providing supportive inputs on what is ex-facie in our favor already.
I am never tired of renewing my APPEAL that an agreed strategy based on discussions and consensus among all three Counsel, is a certain WINNER for the pensioner community. Any signal to the Bench to the contrary (betraying divergent views) has to be warded off. If it needs a miracle to make the Counsel meet and discuss, I will tell myself: MIRACLES DO HAPPEN IN LIFE.
Thanks and regards,
Sreenivasa Murty M