Dear Editor,
I was closely following the Posts in the Chronicle by some of our eminent colleagues, like CHM, RKV, & SN 1992 touching upon the implications of commuted value of pension having to be reopened by LIC arising from the Final order in MC Jain case. It is also believed that the impending outcome of the Appeals pending before the Supreme Court may open up several such contentious points.
The intricacies of different interpretations of the issues are personally beyond me to comprehend. However, Sri CH Mahadevan's grasp and command on all the nuances of our Pension calculations are known to be infallible and so let his word be the last word unless anybody can prove him wrong.
Going through these Posts, had a 'side effect' on me and my thinking impacting the main matters expected to be resolved by the Apex Court shortly. (Whether it commences on 13th March at 2.00 PM or at 10.30 AM some four days later, hardly matters - what is important is that it is close enough now). I started visualizing, rather fearing, a situation where Supreme Court decides our Pension cases in our favor and LIC's CAs are dismissed. Is that enough, is my question and my concern.
LIC has a track record of making a mockery of Court Orders. One may recall how it was able to get away before the Supreme Court in the contempt matter in Jaipur HC Order. SC ordered depositing the money due to the Petitioners, to stay the contempt proceedings. But what it has deposited was hardly 10% of what was due to the petitioners if only the Board Resolution was correctly interpreted. Emboldened by its successful misinterpretation of its own Board Resolution before Jaipur HC, LIC repeated its trick in Chandigarh (that it is now under serious challenge there notwithstanding).
LIC's latest 'performance' in MC Jain's case, is the ultimate in Corporate arrogance. It pays Rs 12,500/- to Mr MC Jain (as against nearly Rs Two Lakhs believed to be due to him. Isn't it simply outrageous that LIC does not furnish any calculation sheet to Mr MC Jain? And he was forced to invoke RTI Act to seek the information which should routinely be made available to him? Is it to save this 'huge' sum of Rs 12,500/- payable to Mr MC Jain that it fought the case this long and went right up to Supreme Court?
What does all this suggest? For some strange reason, LIC treats its Pensioners with contempt. God knows why.
What is the relevance of discussing all this now? My worst fears are that we win our cases in Supreme Court but we continue to be victims of an insensitive, unhelpful and hostile LIC. How? Imagine, SC dismisses LIC's Appeals resulting in upholding the three HC judgments. LIC is directed to implement its Board Resolution and it does not need government approval, (as is being argued by Jaipur HC petitioners). Next step? What LIC did already in Jaipur and Chandigarh, it will try to repeat.
What is the solution? We should all work hard with our counsel first and then adopt a clear strategy to plead and secure a comprehensive verdict from the Apex Court that orders LIC & the Government, to remove anomalies, upgrade basic Pension with each pay revision for in-service employees. If it needs amending the Pension Rules by the Government, so be it. (Delhi Petitioners had tied their own hands and tongues and are unavailable to the Pensioners for this purpose). In other words, the final verdict should leave no scope to LIC for 'interpreting' SC Order. Otherwise, all our efforts end up with ''Operation successful but patient died'' situation. Let us avoid that.
LET US SET OUR PRIORITIES RIGHT. NOW OR NEVER.
Thanks and regards,
Sreenivasa Murty M
