Dear Shri.Gangadharan,
Now that the time limit given by the Supreme Court is
over and we are in the same place where we were before 7th of May. Getting down to the brass-tacks let us
critically examine and analyse how the order came to be viewed by our three
case handlers. Sri.G.N.Sridharan
went into an overdrive and felt that he achieved what he wanted and
his dream was fulfilled. He interpreted
the order as applicable to all the pensioners coming under the Association he
is heading and exactly in accordance with the Delhi High Court order. He conveniently overlooked as to who
exactly are going to be these beneficiaries as it was obvious the judge
might not have been in the know of the members coming under
his wings. He also firmly believed that LIC would have no hesitation in
paying 20% of the DR arrears to his members as ordered by the Supreme court.
Shri.Asthana imagined that , being the lead petitioner, the Supreme Court order of the 7th
instant is exclusively meant for him and his followers and therefore the
20% ad interim relief pertains not only relate to arrears of DR parity
but also purported pension upgradation. As has been his stand all the
time, he stuck to his belief that there can’t be a better
judgement on earth than Honble. Bhandari’s judgement of the Jaipur High Court
and clung to it like life dear! It never occurred to him that here is an
interim order and that too from the Supreme Court and its contents should
be perceived and interpreted according to its own merit.
The camp followers of Chandigarh Punjab and High Court felt that in
the entire drama they continue to get a step-motherly treatment . However,
they too interpreted the Order as applicable to all the pensioners
and pertain to both DR as well as pension upgradation. All the
three of them thought that LIC will, this time around, take a positive
stand and even approached their MDs and EDs.
A joke I read in Readers Digest long time
ago comes to my mind. A man walking through a busy street had
a feeling that all the passers-by are looking at his face and , therefore,
something should be wrong with his face. So, he asked quite a few of them “ Do
you find anything UGLY on my face or is it MY IMAGINATION?”. Most of them
went by without answering except one who said “I don’t find anything UGLY
on your face but I DON’T KNOW ABOUT YOUR IMAGINATION’.
The bottom line is when the judge has churned out an
utterly confusing order, should we go on a flight of IMAGINATION
and get lost in the clouds of ambiguities and uncertainties or straightaway ask
for clarification. In between, I also remember to have heard that there will be
special sittings of the bench on 12th and 13th of May when we can
ascertain the truth about the order since our case has reached the ‘final
hearing’. Nothing was heard about it in the days that passed by. After having
allowed the precious opportunity of seeking a clarification many of them went
on a rampage in interpreting the order. One of them even ventured to get under
the skin of the judge who pronounced the judgment and declare “ this is
what the Judge meant’. One wonders
whether the Honble Judge who passed the orders would
have lent absolute clarity to it, looking to the complex nature of the
three different groups pleading for justice.
We knew right from the
beginning that here is a Govt. which is antagonistic towards pensioners as a
whole and LIC, who is just a handmaid of GOI is a mute witness
and reduced to a post office in doling out the decisions. Why then blame LIC for all the ills. Were we
not the face of LIC till a few years ago and at any point of time
in our official career, irrespective of the Class to which we belong, have we
stood in the way of any employee getting any benefit. This being the
fact, including an experienced person like Mr.Sridharan went
in search of those occupying the hot-seats in LIC hoping for
justice. I am sure, Mr. Sridharan might
not have forgotten how much trouble, the then Finance Secretary, one Kum. Kusumlata
Mittal gave during the period when talks for pay revisions have been
going on. So, let us not forget, it is
the GOI and not LIC.
Then the talk about launching CONTEMPT proceedings
against LIC for non-implementation of the SC order dt 7-5-15. Frankly, do
our Case Handlers think that this is a better option. Is it not more time consuming than getting a
clarification and decide the future course of action. Till today, why the
contempt petition against LIC was withdrawn in the Jaipur Highcourt by Asthanas
counsel remains a mystery. Then, unless we are cock sure it will yield
positive results should we ‘Enter the ‘Dragon?’ In the first place how do
we know that LIC s implementation philosophy runs counter to
the spirit of the SC Order. Imagine a situation where the courts
clarification is exactly what LIC proposes to do. The erroneous
calculations pointed out by Sri. Mahadevan is a nicety we can
indulge in provided we have decided ,in principle to accept and receive
the 20% arrears of DR parity given to the petitioners alone.
Friends, we are in a catch 22 situation right
now. We have to exercise utmost caution in taking each and every step in the
future. We can’t afford to forget that in BJP we are having a
‘majoritarian’ and ruthless Govt. To my mind , the following seems to be the
ideal way to move forward.
1)Contempt proceedings route should be the last
resort.
2) Arrive at the total sum LIC may have to shell out should
the arrears of DR and pension upgradation be calculated as per our
method. (we have a highly resourceful person in Sri. C.H. Mahadevan to
undertake this task)
3) Engage an efficient and a person of proven
record as our Advocate to fight our cases. (Sri.C.H.Mahadevan has sounded
about it on more than one occasion.)
4) Realise the simple truth that we have nothing but a
legalistic solution to our problems.
We have two clear months in front of us to think and arrive
at a common strategy. In the meantime, take a detour, discuss our other
pending issues like a lumpsum monthly payment to take care of our domiciliary
treatment etc with the LIC bosses. Hope is eternal. When the case is
taken up in September we, certainly, are going to taste the fruits of victory.
With Regards,
M.V.Venugopalan
