CH MAHADEVAN'S QUERY

Dear Mr Kishore,

At one point of time, I was also thinking that the' in rem' payment was relevant only  when the final judgment  was  delivered by SC .

But on thinking over the matter more deeply, it seems to me that  there are broader implications of the SC interim order.

There is no stay on  all the three HC judgments. Delhi HC  judgment has been delivered  basing it on the Jaipur SJB Order. The operative part of the Jaipur judgment directs LIC to take steps to  implement the  LIC Board Resolution. So the Delhi HC judgment is linked to the implementation of the Board Resolution.

The Board Resolution cannot be implemented for only a limited number of eligible retirees. When SC has directed that interim relief  be paid by LIC as per  impugned judgments, I am of the view that 'as per the impugned judgment' means, interim relief  also should be paid in rem. If LIC does not do so, it is committing  gross contempt of court.

Looking at from another angle, the SC order was issued on 7/5/2015.The prescribed period for obedience of the order expired on 18/6/2015. Now a letter has been addressed to the Class I Federation on 6/7/2015 for submission of list of members within 3 weeks, that is before 27/7/2015. God knows  when actually the amounts of relief and what  pittance of  an amount will be in the hands of the eligible pensioners (according to LIC). The date of next hearing in the Supreme Court is 23/9/2015. The 'lucky' pensioners will thank their stars if they receive the long awaited and so- far- elusive interim relief before that date.

Where is the relief  for the aged 76+ year old pensioners ? Are the real benefits of SC order dt 7/5/2015 flowing to the pensioners even in the interim ? If it is not gross violation of human rights and blatant contempt of court by LIC , what else is it? It is not merely an emotional issue, but a valid legal and human rights issue.  

Pensioners  seem to be  having  no  alternative but to wait, watch and suffer.

Kind regards.

C H Mahadevan 

Read RB KISHORE'S LETTER

Dear Sri Mahadevan,

1)The important point to be noticed is, this is SC Order for interim payment only.The case is not yet taken up in full bloom.As SC Bench observed, as the case involves issue of enhancement of pension,SC has reserved the case for submissions on Merits of the case ,on & after 23 september, 2015

2)U recall many pensioners & even activists, were voicing pessimism.in spite of clear verdicts by SC,that all aggrieved in same position,with same set of grievances,wherever they are, shall derive benefit out of SC judgement embracing all such persons.Yet, an air of pessimism or over-caution prevails.When interim measures are ordered by SC Bench, we try to extend it to - in rem--right now, When the stage for that FINAL decision is yet to arrive ,we overreach ourselves,emotionally glued like a gum, as we are, to try to hasten maximum coverage right now

3)We should also remember that there are 3 cases of 3 HCs tagged on to Principal Jaipur HC order & CAs.One may even crudely say ,that for Jaipur & CGH also,this should be considered for , in rem.LIC wont,it is clear, individual entity & pensioner.In Delhi case,it is NOT an individual persona, but an organisational entity.So, problems came.We know amount is deposited in the 2 HCs only.

4)I dont think we can compare a meagre 1250 All India Class I Officers in Gratuity case with 14,500 pre 8/1997 pensioners, a whopping numbers.

We cannot prepone an all embracing, clearcut, judgement yet to be debated in the final,fiery legal battle on 23 Sep 2015 ,whether it covers TWIN benefits,to whom, will SC end discrimination from the DATE discrimination arose, 1/8/97 for DR & whatever date ,for pension upgradation 1/1/2007 or earlier.That state is yet to arrive.

5)When that stage comes,all cases tagged on to Jaipur merge,the beneficiaries are known,LIC has full data of Pre-8/1997 pensioners, as also subsequent Groups of pensioners, wage charterwise 1/8/97--31/7/2002, 1/8/2002--31/7/2007 .So,list disappears then only, not now

6)All said & done, LIC has an array of lawyers even to offer considered advice to Legal & Personnel Dept & they would have taken into account all points of view in-depth & then only this decision to ask for the List

Even if they are moving in wrong or muddy waters,when that time arrives, then let us have a laugh & not earlier 

greetings & warm regards,

 

R.B.KISHORE,VP,AIRIEF