Dear Editor,
Shri. Murty deserves our congratulations
for the manner in which he handled the
hearing in the Punjab and Haryana HC.
We can, perhaps, call it a step in the
right direction and a value addition to our
case to be re-opened before the Apex court
in September.
The order, in effect, can be viewed as a certain blow to LIC in the sense that if they had any dubious intention of dumping the 20% amount already deposited on the pensioners, regardless of whether it was the correct one, it was defeated. As a consequence, the question now would be whether the amount correctly arrived at (according to us) will be acceptable to LIC or a contention in this regard by them cannot be ruled out. Unfortunately, if they question our figures and build up a case to argue that it is totally flawed, do we have plans or any strategy to disprove them lock, stock and barrel! In the event of such an eventuality, wouldn't LIC get an opportunity to convince the court that all their attempts to pay the 20% of the arrears have been frustrated by the petitioners and , therefore, there is no contempt of the interim SC Order. The H.C Order only says that the application has been treated as withdrawn for the reason that the petitioners claim that the actual amount to be deposited by LIC is way off from what they have now deposited.
The words ‘enhancement of pension’ and the mention in the P&H H.C Order, “ it is a matter pertaining to the pensionary benefits of the retired employees...” have been presumably taken to mean that the order speaks about both the arrears of DR and upgradation of pension. When it is as clear as the day that the SC Order of 7th of May was not a speaking order and loaded with ambiguities, how based on the above pieces we can come to the conclusion that both the orders refer to arrears of DR and arrears arising out of upgradation of pension? Shri.Murty has mentioned in his write-up that this will become clear once LIC rushes to SC for clarification of the 7th May Order. He has further added, let us “sink our differences and fight together for proper interpretation and implementation of the interim order 2015”.
Then, the discrepancy between our estimate and that of the LIC. Shri.Murty wants Shri.Asthana also to pinpoint this when LIC makes a similar application to the Jaipur H.C. Shri.Asthana has narrated as to how this was already done during the hearing on 7th May and also has claimed that the 20% interim relief has emerged as a result of the special request made by his counsels. We all know that the ideal solution would be for all the three case handlers to sit together and arrive at a consensus as far as the amount to be claimed in respect of all the pensioners. Imagine a situation, where Shri.Murty and his associates claim some amount, Shri Asthana settles down for another and Shri. Sridharan for a totally different DR arrears estimate. Will not such a situation call for a more serious legal intervention? This is a tricky area where unless we are extremely prudent circumspect, LIC is bound to take undue advantage, especially in further dragging on the case.
Having said so much, thanks to THE CHRONICLE, it could bring Shri.Asthana out of his hiding. That he has decided to speak out his mind ,through the columns of the Chronicle is a welcome development. Let it not be a “One Off”; let him present whatever he wants to regularly, through the pages of The Chronicle. Probably, there are signs that the Captains of all the three Camps are willing to come closer and take both the LIC and the GOI upfront. This is what I would like to call a major Step in the right direction.
I was on cloud nine when I read that the 20% of the arrears, if both DR and upgradation are taken together would be 600 crores for 40000 pensioners or in other words, Rs.1,50,000 for each. If my arithmatics is not wrong, 100% of it per pensioner would be Rs.7,50,000. I did’nt want to question the methodology of how these figures were arrived at. At least till 23rd of September, let me have the luxury of being at the top of the world!
With warm Regards,
M.V.VENUGOPALAN